IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sony (law)     25 March 2011

how to summon

if the parents of a boy disowned him and he is not residing with them and flown away somewhere , the wife of the boy needs divorce but dont know the address where he is residing, summon gone to the parents house but they refused that he is not residing with them, the court is asking to give fresh address, but the address is not with the wife, how summon will be served, what to do?


 2 Replies

Hemanth Kumar (student)     25 March 2011


20. Substituted service

(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.

(l) 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.

Please go through other provisions elucidated in Order V ( CPC 1908 )

adv. rajeev ( rajoo ) (practicing advocate)     26 March 2011

File an application for publication of the summons in the widest circulating news paper.  It is the alternative method to serve the summons of the case

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query