Code of Civil Procedure, 1908 | Order V

Order V Rule 15 CPC: Service of Summons on an Adult Member of the Defendant's Family

Order V Rule 15 of the Code of Civil Procedure, 1908 (CPC) permits service of a civil court summons on an adult family member residing with the defendant, but only when the conditions prescribed by the rule are satisfied.

Key principle: The defendant must be absent from the residence, unlikely to return within a reasonable time, and have no agent empowered to accept service. The recipient must be an adult family member living with the defendant. A servant is expressly excluded.

Text and meaning of Order V Rule 15 CPC

Rule 15 - Where service may be on an adult member of defendant's family

Where in any suit the defendant is absent from his residence at the time when the service of summons 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 he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him.

Explanation: A servant is not a member of the family within the meaning of this rule.

Source: India Code, official text of the Code of Civil Procedure, 1908 (PDF). Rule 15 was substituted by the Code of Civil Procedure (Amendment) Act, 1976, with effect from 1 February 1977.

Conditions for valid service on a family member

Attempt at the residence: The serving officer seeks to serve the summons on the defendant at the defendant's residence.
Defendant absent: The defendant is not present when service is attempted.
No likely return within a reasonable time: The circumstances indicate that the defendant is unlikely to be found at that residence within a reasonable time.
No authorised agent: The defendant has no agent empowered to accept service on the defendant's behalf.
Eligible recipient: The summons is delivered to an adult family member, male or female, who resides with the defendant.

These requirements are cumulative. Mere absence of the defendant does not, by itself, justify service on any relative or other person found at the address.

Who qualifies as an adult family member?

The rule does not restrict service to male relatives. An adult woman or man may receive summons if the person is a member of the defendant's family and resides with the defendant. The recipient's relationship, adulthood and residence are material facts. A visiting relative who does not reside with the defendant does not qualify merely because of the family relationship.

The statutory explanation expressly excludes a servant from the meaning of family member. Accordingly, delivery to domestic staff cannot be justified as family-member service under Rule 15.

Procedure and proof of service

Order V Rule 12 ordinarily prefers personal service on the defendant, or service on an agent empowered to accept it. If Rule 15 applies, the serving officer may deliver or tender the summons to an eligible family member. Under Rule 16, the person receiving the summons must be asked to sign an acknowledgment on the original summons.

Rule 18 requires the serving officer to record the time and manner of service and relevant identifying or witnessing details. If service cannot be completed or acknowledgment is refused, Rule 17 governs the specified affixation procedure, with scrutiny under Rule 19. Rule 20 separately concerns substituted service ordered by the court when its statutory conditions are met.

The court ultimately assesses whether the attempted service complied with the applicable rules. Service on a family member is not automatically valid simply because someone at the address accepted the papers.

Practical illustration

Suppose a process server visits a defendant's residence and finds that the defendant is away and is not expected back within a reasonable time. If the defendant has no agent authorised to accept summons, the server may serve an adult family member who ordinarily resides there, subject to the applicable procedural requirements. By contrast, handing the summons to a household employee or a visiting cousin does not satisfy Rule 15 merely because that person is present.

Rules 11 to 14 address service on multiple defendants, personal service and certain agents. Rules 16 to 20 address acknowledgment, unsuccessful service, the process server's return, examination of the serving officer and substituted service. Read Rule 15 together with those provisions and any applicable High Court rules or special procedural regime.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code for the statutory text and amendment notes. Local court rules and subsequent judicial decisions may affect the procedure in a particular proceeding.

This article provides general legal information and does not replace advice on the facts of an individual case.