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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. — Where  the  defendant  or  his  agent  or  such  other  person  as  aforesaid  refuses  to  sign  the acknowledgment,  or  where  the  serving  officer,  after  using  all  due  and  reasonable  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 return  the  original  to  the  Court  from  which  it  was  issued,  with  a  report  endorsed  thereon  or  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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