AI Overview...
- Substituted Service under Order 5 Rule 20 - Main points and insights:
- Order 5 Rule 20 of the Civil Procedure Code (CPC) provides for substituted service of summons when personal service is not possible, especially if the defendant is evading service or cannot be found Raj Kumar Das VS Dibakar Nath - Calcutta, Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan, Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan.
- The court must be fully satisfied that personal service cannot be effected before resorting to substituted service, which often involves publication in newspapers or other methods Raj Kumar Das VS Dibakar Nath - Calcutta, Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan, Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan.
- Proper procedure must be followed, and substituted service is considered a last resort; courts emphasize the importance of attempting proper service first Nasibur Rahman, S/o Nasirul Islam vs Momi Ara Ahmed, W/o Nasibur Rahman - Gauhati.
- Substituted service can be effected via publication if the defendant is avoiding or evading service, or if the defendant has gone abroad without evidence of permanent residence outside India Smruti Pahariya VS Sanjay Pahariya - Rajasthan, Karnail Singh VS Malkiat Singh - Punjab and Haryana.
- The mode of substituted service typically involves publication in newspapers or other suitable means, and the court's satisfaction is necessary to validate such service Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan, Harbhajan Singh VS L. Rs. of Gardhara - Rajasthan.
- When substituted service is ordered, the court assesses whether the service was properly effected and whether the defendant was duly notified Kalpana Goswami W/o Shri Vipin Sharma VS Vipin Sharma S/o Shri Govind Prasad Sharma - Rajasthan, Kamlesh alias Kamla VS Mukesh Yadav - Rajasthan.
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The provisions distinguish between direct service (Rule 19) and substituted service (Rule 20), with Rule 20 applicable when direct service fails or is impractical PARASRAN LALURAM MAWAR VS INDRAVADAN NATWARLAL SHAH - Gujarat.
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Analysis and Conclusion:
- Substituted service under Order 5 Rule 20 is a crucial procedural mechanism to ensure proper notice when personal service cannot be achieved.
- Courts require strict adherence to procedural safeguards, ensuring that substituted service is only ordered after diligent attempts at personal service and proper application.
- Publication or other methods of substituted service are accepted as valid only when the court is satisfied that the defendant is evading service or cannot be located.
- Proper documentation, affidavits, and court satisfaction are essential to validate substituted service, safeguarding the defendant's right to notice and preventing ex parte judgments Raj Kumar Das VS Dibakar Nath - Calcutta, Nasibur Rahman, S/o Nasirul Islam vs Momi Ara Ahmed, W/o Nasibur Rahman - Gauhati.
- Overall, Order 5 Rule 20 balances the need for effective service with procedural fairness, emphasizing that substituted service is a last resort after exhausting other means of service.
Search Results for "Substituted Service of Summon Order 5 Rule 20"
2013 0 Supreme(Cal) 645 • India - Calcutta
TARUN KUMAR GUPTA
CIVIL PROCEDURE CODE - Order 9 Rule 13 - Order 5 Rule 19 - Order 5 Rule 20 - Setting aside ex parte decree - Service of summons ... of substituted service. ... of substituted service. ... It was further held in those cases that only after the court is fully satisfied that the summon could not be served upon t....
2010 0 Supreme(Raj) 751 • India - Rajasthan
SANGEET LODHA
C.P.C., Order 9, Rule 13; Order 5 Rule 20 - Setting aside ex-parte judgment and decree - Effected substituted service by way of publication ... summon cannot be served in ordinary way - The personal service of summons in ordinary way is a rule and the substituted service ... of summon in news paper - Held - The mode of #HL_STA....
2010 0 Supreme(Raj) 746 • India - Rajasthan
SANGEET LODHA
C.P.C., Order 9, Rule 13; Order 5 Rule 20 — Setting aside ex-parte judgment and decree — Effected substituted service by way of publication ... summon cannot be served in ordinary way — The personal service of summons in ordinary way is a rule and the substituted service ... of summon in news paper — Held — The mode of #HL_STA....
2009 0 Supreme(Raj) 702 • India - Rajasthan
ASOK KUMAR GANGULY, K.G.BALAKRISHNAN, P.SATHASIVAM
(a) C.P.C., Order 5, Rule 20 and Hindu Marriage Act, 1955, Sec. 13 — Substituted service of summons — If the service of summon is ... is evading service direct substituted service under O. 5 R. 20. ... not proper, the Court should have directed another service in the normal manner — On seeing the service retu....
2017 0 Supreme(P&H) 2162 • India - Punjab and Haryana
HARINDER SINGH SIDHU
(A) Civil Procedure Code, 1908, O.5 R.20 & O.5 R.25--Substituted Service--Defendant had gone abroad but no evidence that he had shifted ... his residence permanently outside India--Defendant can be summoned by way of substituted service under O.5 R.20 CPC and need not ... in India empowered to accept service--Order 5 Rule 25 would essentially deal with #HL_START....
2018 0 Supreme(Raj) 1579 • India - Rajasthan
PRAKASH GUPTA
An application was filed by the wife on the same date to summon the husband. The summon could not be served and on the basis of the wife’s affidavit, the trial court directed for substituted service under Order 5, Rule 20 of the CPC. ... There shall be no order as to costs. ... “The trial court” deferred the matter till 30.5.2015. On 30.5.2015, both the parties appeared before “the trial court” a....
2025 0 Supreme(Gau) 1484 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN
and 12 - Substituted service must be a last resort; proper procedure must be followed before granting substituted service. ... The appellant claimed insufficient notice/service of the court's orders; the trial court found merit in the substituted service via ... (Paras 4, 11, 12) ... ... (B) Civil Procedure Code, 1908 - Order 5 Rules 20 ... Order 5 Rule #HL_ST....
2011 0 Supreme(Raj) 1494 • India - Rajasthan
ARUN MISHRA, NARENDRA KUMAR JAIN
such service under Order 5 Rule 20 CPC were not satisfied. ... DIVORCE - RESTITUTION OF CONJUGAL RIGHTS - ORDER 9 RULE 13 CPC - SERVICE OF SUMMONS - SUBSTITUTED SERVICE - AFFIXTURE - CONDITIONS ... such service under Order 5 Rule 20 CPC were not satisfied. 2. ... The first question for consideration is whethe....
1997 0 Supreme(Guj) 216 • India - Gujarat
M.S.PARIKH
(a) Civil Procedure Code, 1908 - Order 5, Rules 17, 19 & 20 - Service of summons - Substituted service and direct service - Different ... provisions - Rule 19 govern direct service whereas, Rule 20 operates at substituted service pursuant to the order of the Court - ... of substituted service#HL_END....
2016 0 Supreme(Mad) 1884 • India - Madras
M.SATHYANARAYANAN
Money Laundering - Service of Notice - Prevention of Money Laundering Act, 2002 [Central Act 15 of 2013] - Section 8[1] ... Provided that there shall be no requirement of an application as provided under sub-rule [1] of rule 9-A of the Order V of Schedule I of the Civil Procedure Code, 1908 [5 of 1908] for the purpose of service of summon or notice, as the case may be, ... Provided further that ... Issue of summons and notices:- ... [1] Every #HL_S....
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