Affidavit for Substituted Service under Order V Rule 20 CPC
Editable affidavit format to support an application where ordinary service of summons has failed and the Court is requested to permit substituted service.
Current legal position: Substituted service under Order V Rule 20 of the Code of Civil Procedure, 1908 is an exceptional mode of service. The Court must first be satisfied that the defendant is keeping out of the way to avoid service, or that summons cannot for another reason be served in the ordinary manner.
When can substituted service be requested?
Where summons cannot be served in the ordinary way, or there is material showing that the defendant is deliberately avoiding service, the plaintiff may move an application requesting the Court to invoke Order V Rule 20 CPC. The supporting affidavit should state the service attempts accurately and should refer to the process-server reports, postal or courier returns, or other relevant service material available on the record.
The Court-not the plaintiff-decides whether the statutory conditions are satisfied and what substituted mode should be adopted. If newspaper publication is ordered, Order V Rule 20(1A) requires publication in a daily newspaper circulating in the locality where the defendant was last known actually and voluntarily to reside, carry on business, or personally work for gain.
Important: Do not state that a defendant is "avoiding service" unless the court record or surrounding facts reasonably support that assertion. The affidavit should match the actual service reports in the case.
Sample affidavit supporting an application for substituted service
Replace the blanks and bracketed alternatives with facts applicable to the particular case and the local court rules.
IN THE COURT OF __________________ AT __________________
CIVIL SUIT NO. ______ OF 20____
IN THE MATTER OF:
____________________________PLAINTIFF
VERSUS
____________________________DEFENDANT
AFFIDAVIT
I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________, do hereby solemnly affirm and state as follows:
1. That I am the Plaintiff / authorised representative of the Plaintiff in the above-mentioned suit and am competent and duly authorised to swear this affidavit. I am acquainted with the facts and records of the case.
2. That summons were issued to the Defendant at the address stated in the memo of parties, namely ________________________________________________.
3. That service through the ordinary mode(s) directed by this Hon'ble Court could not be completed. The summons/process was returned with the report dated __________ stating, in substance, that ________________________________________________.
4. That further attempt(s) at service were made on __________ / pursuant to the order dated __________, but service could not be effected. The relevant service report(s) state that ________________________________________________.
5. That, having regard to the aforesaid reports and circumstances, there is reason to believe that the Defendant is keeping out of the way for the purpose of avoiding service / that for the reasons stated above the summons cannot be served in the ordinary way.
6. That it is therefore just and necessary that this Hon'ble Court may be pleased to permit substituted service upon the Defendant under Order V Rule 20 of the Code of Civil Procedure, 1908, in such manner as this Hon'ble Court considers fit, including affixation and/or publication in an appropriate daily newspaper if so directed.
7. That if publication is directed, the Plaintiff undertakes to take the necessary steps and bear the publication charges in accordance with the order of this Hon'ble Court.
8. That the accompanying application is bona fide and is made in the interest of effective service and adjudication of the suit.
DEPONENT
VERIFICATION
Verified at __________________ on this ____ day of __________, 20____ that the contents of paragraphs 1 to ____ of the above affidavit are true and correct to my knowledge and/or based on the records of the case, and that nothing material has been concealed therefrom.
DEPONENT
Order V Rule 20 CPC: practical requirements
Court satisfaction is essential. The Court must be satisfied either that the defendant is keeping out of the way to avoid service or that ordinary service is otherwise not possible.
Affixation or another court-directed mode. Rule 20(1) permits the Court to direct affixation at specified conspicuous places or service in another manner considered fit.
Newspaper publication. If publication is ordered under Rule 20(1A), it must be in a daily newspaper circulating in the relevant locality.
Legal effect. Proper substituted service ordered under Rule 20 has the same effect as personal service, and the Court must fix an appropriate time for appearance.
Recent Delhi High Court authority has reiterated that substituted service is a last-resort mechanism and that ordinary modes of service should genuinely be exhausted before a defendant is treated as duly served through substituted means. This makes accurate service history and correct address particulars especially important.
Legal drafting note: Court formats, affidavit attestation requirements and permissible service modes may vary with applicable High Court rules, practice directions and case-specific orders. The sample should therefore be adapted before filing.
