Question

Which provision under the Code of Civil Procedure deals with substituted service of summons upon the defendant?

• A. O.5 R.19A
• B. O.5 R.19
• C. O.5 R.20
• D. O.5 R.21

Hint:

Order 5 Rule 21 allows courts to use substituted service of summons when personal service fails.

Answer 1

The Correct Option is D

Step 1: Understanding the Provision.
Order V, Rule 20 of the Code of Civil Procedure (CPC) deals with substituted service of summons. This rule allows the court to order a substituted method of serving summons (such as by affixing a notice at the defendant's last known address, or publishing in newspapers) if the defendant cannot be served by normal means. Step 2: Explanation of Other Options.
- (a) O.S. R.19A deals with the procedure for service in cases where the defendant is absent from India. - (b) O.S. R.19 pertains to the general provisions related to service of summons but not specifically substituted service. - (d) O.S. R.21 relates to the return of service but does not address substituted service. Step 3: Conclusion.
O.S. R.20 is the correct provision for substituted service under the CPC.