Order V Rule 17

Procedure when defendant refuses to accept service, or cannot be found

Issue and service of summons, in the First Schedule to The Code of Civil Procedure, 1908

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, 1[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.

1. Ins. by s. 55, ibid., (w.e.f. 1-2-1977).

How this Rule is cited

It is written both ways, and both mean this Rule: Order V Rule 17 CPC and Order 5 Rule 17 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 5 Rule 17 CPC, Order V Rule 17 CPC. Each opens the full-text search over every order eCourtsIndia holds.

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