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Report No. 27 "15. Service on male member.-Where in any suit the defendant is absent from his residence at the time when service is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time, and the defendant has no agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him. Explanation.-A servant is not a member of the family within the meaning of this rule.". Order V, rule 17 In rule 17 of Order V of the First Schedule to the principal Act, for the words "or where the serving officer, after using all due and reasonable diligence, cannot find the defendant", the words "or where the defendant is absent from his residence at the time when service is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time" shall be substituted. Order V, rule 19A After rule 19 of Order V of the First Schedule to the principal Act, the following rule shall be inserted" namely:- "19A. Simultaneous issue of summons for service by post in addition to personal service.-(1) The Court shall, in addition to and simultaneously with the issue of summons for service in the manner provided in rules 9 to 19, also direct the summons to be served by registered post addressed to the defendant or his agent empowered to accept the service at the place where the defendant or his agent ordinarily resides or carries on business or personally work for gain: Provided that nothing in this sub-rule shall require the Court to issue a summons for service by registered post, where, in the circumstances of the case, the Court regards it as unnecessary. (2)When an acknowledgment purporting to be signed by the defendant or the agent or an endorsement purporting to be made by a postal employee that the defendant or the agent refused to take delivery has been received, the Court issuing the summons may declare that there has been valid service.". [Cf. Order V, rule 20A(2), C.P.C.] Order V, rule 20 In rule 20 of Order V of the First Schedule to the principal Act, after sub-rule (1), the following sub-rule shall be inserted, namely:- "(1A) Where under sub-rule (1) the Court orders service by advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the neighbourhood of the place in which the defendant is last known to have resided, carried on business or personally worked for gain.". [Cf. section 53(3), Companies Act, 1956.] Order V, rule 20A Rule 20A of Order V of the First Schedule to the principal Act shall be omitted. Order V, rule 26 For rule 26 of Order V of the First Schedule to the principal Act, the following rule shall be substituted, namely:-    |
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