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Affidavit with Application for substituted service of summon order V Rule 20 CPC.

 

Format of Affidavit with application for service of summon by substituted service.

Application for substituted service of summon should be supported with affidavit. Sometimes the Defendants avoid receiving summon and the summon may be affixed on the door of his house. As per Order V Rule 20 of Code of Civil Procedure, Summon can be served through Substituted Service. In such circumstances application for substituted service of summon must be filed to get the summon served to the Defendant.

 

Sample Format of Affidavit to be attached with application for substituted service of summon is given below: 

 

IN THE COURT OF ____________, NEW DELHI
CS OS NO. ____ OF 20__

IN THE MATTER OF :
MR. ______________                                           PLAINTIFF

VERSUS

 
MR. ______________                                           RESPONDENT
 

AFFIDAVIT

I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-


1 . That I am the Plaintiff in the abovementioned suit and as such am fully acquainted with the facts deposed to below.

2. That the summons in this suit have been issued to Defendant at his residence at and were returned un served with the report that the defendant is not in his house.

3 That when the summons were taken out again on ______________ was returned with the report of the Court's summons server that the defendant is not available and the summons were affixed on the door of his house.

4. That the defendant Mr. _____________ is intentionally avoiding service of the summons to harass the plaintiff.

5. That in the interests of justice, it is necessary that the summons be served by registered post, and if the court deems necessary that the service of the summons be also effected through the newspapers, the plaintiff is ready to defray the expenses for the service of summons by post and/or by advertisement in the newspaper. 

DEPONENT

VERIFICATION
Verified at ________ on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

 

Order V Rule 20 of Code of Civil Procedure 1908

Rule 20 Order V "Substituted services"

(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof 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.

(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily 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.

(2) Effect of substituted service-Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to he fixed -Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

 

Legal Formats, Alphabetical Order

AFFIDAVIT FORMATS

Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma

Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage,  Act

Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act

Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005

Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act

Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal

Affidavit to Register Marriage under Hindu Marriage Act

Affidavit under Section 2 of Dissolution of Muslim marriage Act

Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order

Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act

Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application

Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC

Affidavit for Petition for maintenance under section 125 CrPC

Affidavit for production of documents in court which not produced earlier

Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation

Affidavit for Application to arrest Defendant before Judgment

Affidavit for Application to change name in the Education Certificate

Affidavit with Application for substituted service of summon order V Rule 20 CPC

Affidavit with Application for Registration of Will after death of Testator

Affidavit to Application objecting notice to vacate premises occupied the by the landlord

Affidavit for Application to issue Duplicate Driving License from Transport Authority

Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years

Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act,  Ground of Adultery

Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion

Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA

Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage

Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act

Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act

Affidavit to Petition Probate under Section 276 of Indian Succession Act

Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant

Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm

Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII

Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum

Affidavit for Execution Petition U/s 25 and 27 of Consumer Protection Act for  Execution of order and impose Penalty

Affidavit for Declaration of loss of Negotiable Instrument by Banker under Order VII Rule 16 of Code of Civil Procedure

Affidavit for Application seeking stay of Execution of Judgment under Order XLI Rule 5 of Code of Civil Procedure

Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC

Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC

Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure

Affidavit to application for restoration of suit under Order IX Rule 9 of Code of Civil Procedure in case of dismissed suit

Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure

Affidavit for Bail Application under section 437 of Code of Criminal Procedure

Affidavit for issue of Death Certificate after registration of death

Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court

Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court

Affidavit for Writ of Prohibition under Article 226 of the Constitution to be filed in High Court as Public Interest Litigation

Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court

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