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Report No. 77

4.4. Service of summons.-

There are some salutary provisions of the Code which should be kept in view in order to avoid delay at the stage of service of summons upon the defendant. Where the court is satisfied, or has reasonable cause to believe, that the defendant is keeping out of the way for the purpose of avoiding service, or when for any other reason the court is satisfied that summons cannot be served in the ordinary way, the court has the power of directing substituted service as contemplated by Order V, rule 20 of the Code of Civil Procedure.1

Some of the methods of effecting substituted service are by affixation of a copy of the summons on a conspicuous part of 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 by intimation by beat of drums in the locality wherein the defendant is known to have last resided or by publication in a newspaper having circulation in that locality.

Substituted service is as effectual as if it had been made upon the defendant personally. In case the circumstances warrant, the court should readily make use of the provisions of Order V, rule 20 in the matter of getting service effected.

1. Order 5, rule 28, Code of Civil Procedure.

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