(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.
3[(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 has been made on the defendant personally.
(3) Where service substituted, time for appearance to be 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.
4[20A. Service of summons by post
Rep. by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976), section 55(vi) (w.e.f 1-2-1977).
21. Service of summons where defendant resides within jurisdiction of another Court
A summons may sent by the Court by which it is issued, whether within or without the State, either by one of its officers 5 [or by post or by such courier service as may be approved by the High Court, by fax massage or by Electronic Mail Service or by any other means as may be provided by the rules made by the High Court] to any Court (not being the High Court) having jurisdiction in the place where the defendant resides.
22. Service within presidency-towns of summons issued by Courts outside
Where a summons issued by any Court established beyond the limits of the towns of Calcutta, Madras 6 [and Bombay] is to be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it is to be served.
23. Duty of Court to which summons is sent
The Court to which a summons is sent under rule 21 or rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.
24. Service on defendant in prison
Where the defendant is confined in a prison, the summons shall be delivered or sent 7 [or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court] to the officer in charge of the prison for service on the defendant.
25. Service where defendant resides out of India and has no agent
Where the defendant resides out of 8 [India] and has no agent in 8 [India] empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him 9 [or by post or by such courier service as may be approved by the High Court, by fax massage or by Electronic Mail Service or by any other means as may be provided by the Rules made by the High Court], if there is postal communication between such place and the place where the Court is situate:
10 [Provided that where any such defendant 11 [resides in Bangladesh or Pakistan,] the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides :
Provided further that where any such defendant is a public officer 12 [in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.
13 [26. Service in foreign territory through Political Agent or Court
Where--
(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent has been appointed, or a Court has been established or continued, with power to serve a summons, issued by a Court under this Code, in any foreign territory in which the defendant actually and voluntarily resides, carries on business or personally works for gain, or
(b) the Central Government has, by notification in the Official Gazette, declared, in respect of any Court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such Court of any summons issued by a Court under this Code shall be deemed to be valid service,
the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the Central Government, through the Ministry of that Government dealing with foreign affairs, or in such other manner as may be specified by the Central Government for the purpose of being served upon the defendant : and, if the Political Agent or Court returns the summons with an endorsement purporting to have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.
26A. Summonses to be sent to officers of foreign countries
Where the Central Government has, by notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served on defendants actually and voluntarily residing or carrying on business or personally working for gain in that foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central Government, the summonses may be sent to such officer, through the Ministry of the Government of India dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if such officer returns any such summons with an endorsement purporting to have been made by him that the summons has been served on the defendant, such endorsement shall be deemed to be evidence of service.
27. Service on civil public officer or on servant of railway company or local authority
Where the defendant is a public officer (not belonging to 14 [the Indian] 15 [naval or air] forces 16 [***]), or is the servant of a railway company or local authority, the Court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is employed together with a copy to be retained by the defendant.
28. Service on soldiers, sailors or airmen
Where the defendant is a soldier, 17 [sailor] 18 [or airman], the Court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.
29. Duty of person to whom summons is delivered or sent for service
(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it if possible, and to return it under his signature, with the written acknowledgement of the defendant, and such signature shall be deemed to be evidence of service.
(2 ) Where from any cause service is impossible, the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.
30. Substitution of letter for summons
(1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.
(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons, and, subject to the provisions of sub-rule (3), shall he treated in all respect as a summons.
(3) A letter so substituted may be sent to the defendant by the post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent empowered to accept service, the letter may be delivered or sent to such agent.
______________________________
1. Substituted by Act 22 of 2002, section 6(ii), for "all documents" (w.e.f. 01.07.2002.)
2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977).
3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977).
3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977).
4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957).
5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002).
6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''.
7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002).
8 . Substituted by Act 2 of 1951, section 3, for "the States".
9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002).
10. Inserted by Act 19 of 1951, Section. 2.
11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977).
12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977).
13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977).
14. Substituted by the A.O. 1950, for "His Majesty's".
15. Substituted by Act 10 of 1927, section 2 and Schedule I, for "or naval".
16. The words "or His Majesty's Indian Marine Service" omitted by Act 35 of 1934, section 2 and Schedule.
17. Inserted by Act 35 of 1934, section 2 and Schedule.
18. Inserted by Act 10 of 1927, section 2 and Schedule I.
