Order V Rules 16, 17, 18, 19 and 20 CPC: Service of Summons

Order V Rule 16 CPC Person served to sign acknowledgement

Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on the defendant's behalf, the serving officer shall require the signature of the person to whom the copy is delivered or tendered on an acknowledgement of service endorsed on the original summons.

Order V Rule 17 CPC Procedure when defendant refuses service or cannot be found

Where the defendant, the defendant's agent, or another person authorised to receive service refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant and the statutory conditions for service on another person are not satisfied, the serving officer shall affix a copy of the summons on the outer door or another conspicuous part of the house in which the defendant ordinarily resides, carries on business, or personally works for gain.

The original summons is then returned to the Court with a report stating that the copy was affixed, the circumstances in which affixation was made, and the name and address of any person who identified the premises and witnessed the affixation.

Order V Rule 18 CPC Endorsement of time and manner of service

In every case in which the summons has been served under Rule 16, the serving officer shall endorse or annex to the original summons a return stating the time and manner of service and the name and address of any person who identified the person served and witnessed delivery or tender of the summons.

Order V Rule 19 CPC Examination of serving officer

Where a summons is returned under Rule 17, the Court shall examine the serving officer on oath if the return has not been verified by the serving officer's affidavit. Even where the return has been verified by affidavit, the Court may examine the serving officer, or cause the officer to be examined by another Court, concerning the steps taken for service.

The Court may conduct such further enquiry as it considers appropriate and must then either declare that the summons has been duly served or order such further service as it thinks fit.

Former Order V Rule 19A CPC Omitted with effect from 1 July 2002

Rule 19A previously provided for simultaneous issue of summons by registered post in addition to personal service. It is no longer part of the operative central text of Order V. The provision was omitted by section 15 of the Code of Civil Procedure (Amendment) Act, 1999, brought into force from 1 July 2002.

For current modes of service by registered post acknowledgement due, speed post, approved courier services, fax, electronic mail and other methods permitted by High Court rules, see Order V Rules 6 to 10 CPC, particularly Rule 9.

Order V Rule 20 CPC Substituted service

Rule 20(1): When substituted service may be ordered

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 may order substituted service in the manner authorised by Rule 20.

This includes affixing a copy of the summons in a conspicuous place in the Court-house and on a conspicuous part of the house, if any, where the defendant is known to have last resided, carried on business or personally worked for gain, or service in such other manner as the Court thinks fit.

Rule 20(1A): Service by newspaper advertisement

Where the Court directs service by advertisement in a newspaper, the newspaper must 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.

Rule 20(2): Effect of substituted service

Substituted service ordered by the Court is as effectual as personal service on the defendant.

Rule 20(3): Time for appearance

When substituted service is ordered, the Court shall fix such time for the defendant's appearance as the circumstances of the case require.