Question
When service of summons has to be made on defendant and
he is absent from his residence and not likely to return in a reasonable time, which of the following sevice is valid:Solution
Order V Rule. 15. Where service may be on an adult member of defendant's family— Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him. Explanation. —A servant is not a member of the family within the meaning of this rule.
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