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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     14 June 2009

Substituted Service.

What is substituted service?



Learning

 4 Replies

Adv. Deepak (Advocate)     14 June 2009

Respected Advocate Gopalkrishna, Issue of summons or notice by substituted service is provided under Order 5 Rule 20 of  CPC.  If the addressee is avoiding the service of summons intentionally, then the concerned party taking out the summons can apply to the Hon'ble Court stating the fact and such application supported by affidavit has to be moved for the necessary orders.  Then the Hon'ble Court will issue orders that summons may be issued by substituted service.  The bailiff of the court will affix the summons on the door of the addressee and make remarks in the bailiff report.  Then it will be taken for granted that the service of the summons has been effected.  Regards.  Adv. Deepak.

Swami Sadashiva Brahmendra Sar (Nil)     14 June 2009

It includes service by publication in news papers.

Shree. ( Advocate.)     16 June 2009

As per this provision, before resorting to substituted service under order V, rule 20, the court should be satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any reason the summons cannot be served in the ordinary way. In that case, the court can order the summons to be served by affixing a copy thereof in some conspicuous place, and also in some conspicuous part of the house in which the person is known to have resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.

sumit srivastava (Advocate)     23 June 2009

Sir, if the application has been rejected under O-5 R-20 CPC, would it be considered as "case decided" as envasiged under S-115 CPC??? Plz refer to necessary provisions nd if not then what remedies r available???


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