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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An application under Order 5, Rule 20 of the Code of Civil Procedure (CPC) is filed to seek the court's permission for the substituted service of summons when the defendant's whereabouts are unknown or attempts at regular service have failed. Here are guidelines for drafting such an application:
Clear Statement: Clearly state the reasons for resorting to substituted service, such as the inability to locate the defendant despite diligent efforts.
Details of Attempts: Provide a detailed account of the attempts made for personal service, including dates, times, and methods used, to demonstrate due diligence.
Prayer for Substituted Service: Explicitly request the court's permission for substituted service and specify the mode proposed, such as affixation on the defendant's last known residence or publication in newspapers.
Affidavit of Diligence: Accompany the application with an affidavit affirming the efforts made to serve the summons personally and the reasons for resorting to substituted service.
Common mistakes to avoid:
Inadequate Details: Ensure that the application includes comprehensive details about the attempts made for personal service, preventing challenges to the diligence of the process.
Failure to Specify Mode: Clearly state the proposed mode of substituted service, as ambiguity may lead to procedural issues or objections from the court.
Ignoring Legal Formalities: Adhere to legal requirements, including the filing of an affidavit and complying with court procedures, to prevent potential dismissals on procedural grounds.
Lack of Timeliness: File the application in a timely manner and before the expiration of the summons validity period to avoid complications arising from delays.
By following these guidelines and avoiding common mistakes, your application under Order 5, Rule 20, CPC for substituted service will be more likely to receive favorable consideration, facilitating the progression of legal proceedings when the defendant's whereabouts are unknown.