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 Substituted Service of Summons.
Order 5, Rule 21 of the Code of Civil Procedure provides the procedure for substituted service of summons when the defendant cannot be served personally. This includes serving the summons through public notice or other means as directed by the court.
Step 2: Explanation of the options.
- (a) O.5 R.19A: This rule deals with the service of summons to the defendant when the defendant is a company or corporation.
- (b) O.5 R.19: This rule deals with the procedure for the service of summons to a defendant who resides outside the jurisdiction of the court.
- (c) O.5 R.20: This rule provides for the service of summons through post, but not substituted service.
- (d) O.5 R.21: This is the correct rule for substituted service, where the court may permit alternative means of service when personal service is not possible.
Step 3: Conclusion.
Thus, the correct answer is (d) O.5 R.21.