All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
23.

Which provision under the Code of Civil Procedure deals with substituted service of summons upon the defendant

A: O.5 R.19A
B: O.5 R.19
C: O.5 R.20
D: O.55 R.21

The answer is: C

Explanation

The correct option is C: O.5 R.20.

This rule deals with substituted service of summons upon the defendant when the court is satisfied that there is reason to believe that the defendant is avoiding service or that for any other reason the summons cannot be served in the ordinary way. Substituted service means a mode of service of summons that is adopted in place of ordinary service of summons. There are two modes of substituted service as given under Rules 17, 19 and 20 of the Order:

- Service by affixing a copy of the summons 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. (Rule 20)

- Service by publication in a 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, or in such other manner as the court thinks fit. (Rule 20A)