Help?-prescribed time period for publication in newspaper for service under order 5 rule 20 cpc
Rajat sahotra
(Querist) 16 January 2012
This query is : Resolved
Application under O 5 r 20 cpc was moved on 30 th Dec. 2011 and court allowed the Application and ordered the publication of court notice for service of defendant and the next fixed is 17.01.2012.
Now is it mandatory to provide 30 days period for publication.
or court can decide according to the case as how time is to be given for publication.
Now publication could not be made within these 18 days. Now can we seek for further time for publication and if yes on what grounds.
Please advise
ajay sethi
(Expert) 16 January 2012
yes you cna seek further time for publications . courts generally grant extension of time
Deepak Nair
(Expert) 16 January 2012
Yes. Generally the court grants extension of time for publication in news papers.
ajay sethi
(Expert) 16 January 2012
As per Order 5 CPC service in the first instance is to be effected upon the defendant personally. It is only when a defendant refuses to accept service or cannot be found that the Court permits that service be effected upon him by affixing a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carry on his business or personally works for gain (Order 5 Rule 17 CPC).
As per Order 5 Rule 20 CPC if the Court has come to the conclusion that defendant is keeping out of the way for the purpose of avoiding service or that summons cannot be served in the ordinary way that an order has to be passed for affixation of a copy of the summons in some conspicuous place in the Court-house and also upon the conspicuous part of the house in which the defendant normally resides. Under Order 5 Rule 20 Sub-clause (1-A) CPC the Court can also order service by an advertisement in a newspaper having sufficient circulation in the locality where the defendant resides.
In any case, the provisions of Order 5 Rule 20 CPC could be resorted to only in case the Court had come to the conclusion that service cannot be effected upon the defendants in an ordinary manner.
adv. rajeev ( rajoo )
(Expert) 16 January 2012
It should be published in the news paper within 15 days from the next adjuournment, if not you can seek time for the paper publication. Mere submission is more than sufficient.
Rajeev Kumar
(Expert) 16 January 2012
Generally court grants extension of time for publicatin in news paper
Devajyoti Barman
(Expert) 16 January 2012
You can publish it anyway though on the date fixed for the case the court would wait for further time till next date.
prabhakar singh
(Expert) 17 January 2012
Not a very great problem,substituted service by publication is often ordered when registered summons returns unserved and delays in taking steps are also condoned and time enlarged unless there is very great neglect of repeated orders of court.
