ORDER V RULE 11, 12, 13, 14, 15 OF CODE OF CIVIL PROCEDURE 1908

How to complete Service on several defendants? What is the meaning Service to be on defendant on person when practicable, or on his agent? What is Service on agent by whom defendant carries on business? How is Service on agent in charge in suits for immovable property? Where service may be on an adult member of defendant's family? Rule 11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908

Service on several defendants, Service to be on defendant on person when practicable, or on his agent, Service on agent by whom defendant carries on business, Service on agent in charge in suits for immovable property and Where service may be on an adult member of defendant's family  are defined under Rule 11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 11 Order V of Code of Civil Procedure 1908 "Service on several defendants"

Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.

Rule 12 Order V of Code of Civil Procedure 1908 "Service to be on defendant on person when practicable, or on his agent"
Wherever it is practicable service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.

Rule 13 Order V of Code of Civil Procedure 1908 "Service on agent by whom defendant carries on business"

(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager or agent, who, at the time of service, personally carries on such business or work for such person within such limits, shall be deemed good service.

(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or chartered.

Rule 14 Order V of Code of Civil Procedure 1908 "Service on agent in charge in suits for immovable property"

Where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the defendant has no agent empowered to accent the service, it may be made on any agent of the defendant in charge of the property.

Rule 15 Order V of Code of Civil Procedure 1908 "Where service may be on an adult member of defendant's family"

Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf service may be made on any adult member of the family, whether male or female, who is residing with him.

Explanation.- A servant is not a member of the family within the meaning of this rule.

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