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?Solution
Order V. Rule. 17. Procedure when defendant refuses to accept service, or cannot be found. ā 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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