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    Question

    Service of summons by affixation on some conspicuous

    part of the house when the defendant, refuses to accept the service of summons is provided under which Rule of Order V of CPC?
    A Rule 15 Correct Answer Incorrect Answer
    B Rule 20 Correct Answer Incorrect Answer
    C Rule 17 Correct Answer Incorrect Answer
    D Rule 19 Correct Answer Incorrect Answer
    E Rule 10 Correct Answer Incorrect Answer

    Solution

    Order V. Rule. 17. Procedure when defendant refuses to accept service, or cannot be found. — WhereĀ  theĀ  defendantĀ  orĀ  hisĀ  agentĀ  orĀ  suchĀ  otherĀ  personĀ  asĀ  aforesaidĀ  refusesĀ  toĀ  signĀ  the acknowledgment,Ā  orĀ  whereĀ  theĀ  servingĀ  officer,Ā  afterĀ  usingĀ  allĀ  dueĀ  andĀ  reasonableĀ  diligence, cannot find the defendant, [who is absent from his residence at the time when service is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time] and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then returnĀ  theĀ  originalĀ  toĀ  theĀ  CourtĀ  fromĀ  whichĀ  itĀ  wasĀ  issued,Ā  withĀ  aĀ  reportĀ  endorsedĀ  thereonĀ  orĀ  annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

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