Order V Rule 17 CPC: Procedure When a Defendant Refuses Service or Cannot Be Found
Order V Rule 17 of the Code of Civil Procedure, 1908 (CPC) explains how a serving officer must proceed when a person refuses to sign the acknowledgment of summons or when the defendant cannot be found despite due and reasonable diligence. It also requires a detailed report to the issuing court.
Meaning and scope of Order V Rule 17
Order V deals with the issue and service of summons in civil suits. Rule 17 is titled "Procedure when defendant refuses to accept service, or cannot be found". Its operative requirement concerns refusal to sign an acknowledgment or inability to locate the defendant in the circumstances specified by the rule.
Order V Rule 17 CPC - Statutory provision explained
Where the defendant, agent or other eligible recipient refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant and the prescribed conditions concerning absence from residence, lack of a suitable agent and lack of another eligible recipient are met, the officer must affix a copy of the summons to the outer door or another conspicuous part of the house where the defendant ordinarily resides, carries on business or personally works for gain. The original summons must then be returned to the issuing court with a report explaining the affixation, its circumstances, and the name and address of any person identifying the house and witnessing the affixation.
This is an explanatory paraphrase of the central rule, not a substitute for the official legislative text. See the Code of Civil Procedure, 1908 on India Code and any applicable state or High Court amendments.
When can Rule 17 be used?
1. Refusal to sign the acknowledgment
Under Order V Rule 16, the serving officer requires the person to whom a summons is delivered or tendered to sign the acknowledgment endorsed on the original summons. Rule 17 provides a procedure when the defendant, an agent or another person entitled to receive service refuses to sign it. The officer should accurately report the actual refusal and surrounding circumstances.
2. Defendant cannot be found despite diligence
The officer must have used all due and reasonable diligence to locate the defendant. In the residence-service situation addressed by Rule 17, the defendant is absent and unlikely to be found there within a reasonable time, and there must be no empowered agent or other person on whom service can lawfully be made. An unsuccessful first visit alone does not necessarily establish compliance.
3. Affixation at the prescribed premises
The summons copy must be affixed on the outer door or another conspicuous part of the house where the defendant ordinarily resides, carries on business or personally works for gain. The report should identify the premises and explain why the prescribed method was used.
Serving officer's duties and report
- Attempt service in accordance with the applicable provisions of Order V.
- Record the refusal to sign or the diligent efforts made to find the defendant, as applicable.
- Affix a copy of the summons at the location specified in Rule 17.
- Return the original summons to the issuing court.
- Endorse or annex a report stating that affixation was made and explaining the circumstances.
- Record the name and address of the person, if any, who identified the house and in whose presence the copy was affixed.
What happens after affixation? Order V Rule 19
Order V Rule 19 governs judicial scrutiny when a summons is returned under Rule 17. If the return has not been verified by the serving officer's affidavit, the court must examine the officer on oath, or cause such examination by another court. If it has been verified by affidavit, the court may still examine the officer. The court may make further inquiry and must then either declare service duly effected or order further service as it thinks fit.
Difference between Rule 17 and substituted service under Rule 20
Affixation by the serving officer under Rule 17 is part of the prescribed procedure for a failed or refused attempt at ordinary service. By contrast, Order V Rule 20 authorizes the court, when the statutory conditions are met, to direct substituted service, which may include affixation or another court-directed method. The two provisions have distinct prerequisites and should not be treated as interchangeable.
Related rules governing service of summons
Rule 12 addresses personal service or service on an authorized agent. Rule 15 permits service on an adult family member residing with the defendant in specified circumstances. Rule 18 requires endorsement of the time and manner of service and relevant identifying details.
Frequently asked questions
Does refusal to sign mean the summons was served?
Refusal triggers the Rule 17 procedure; it does not dispense with the required officer's return and judicial consideration under Rule 19.
Can the serving officer affix a summons after one unsuccessful visit?
Not merely because a visit was unsuccessful. Where the defendant cannot be found, the officer must satisfy the rule's due-diligence and other relevant conditions.
Is Rule 17 the same as newspaper publication?
No. Publication may be ordered as substituted service under Rule 20, subject to the court's satisfaction and directions.
Official legal source
For the enacted text and amendments, consult the official India Code portal for the Code of Civil Procedure, 1908. Procedural requirements may also be affected by applicable High Court rules and local amendments.
Legal information only. Application of these rules depends on the facts of the case and applicable procedural amendments.