Order V Rule 20

Substituted service

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

(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.

¹ [(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.]

(2) Effect of substituted service.--Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed.--Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

1. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).

How this Rule is cited

It is written both ways, and both mean this Rule: Order V Rule 20 CPC and Order 5 Rule 20 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 5 Rule 20 CPC, Order V Rule 20 CPC. Each opens the full-text search over every order eCourtsIndia holds.

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.