Civil Procedure Code, 1908 | Order V
Order V Rule 20 CPC - Substituted Service of Summons
Order V Rule 20 of the Code of Civil Procedure, 1908 (CPC) allows a civil court to direct substituted service of summons when ordinary service cannot reasonably be effected or the defendant is believed to be evading service. It governs the permitted methods, newspaper publication, legal effect and time for appearance.
Text and meaning of Order V Rule 20 CPC
Rule 20(1) - When substituted service may be ordered
Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit.
Rule 20(1A) - Newspaper advertisement
Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.
Rule 20(2) - Effect of substituted service
Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.
Rule 20(3) - Time for appearance
Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.
Source: Code of Civil Procedure, 1908 - official India Code PDF. The statutory text should be read subject to applicable local amendments and High Court rules.
When can a court permit substituted service?
The court must be satisfied either that there is reason to believe the defendant is deliberately avoiding service, or that summons cannot be served through the ordinary process for some other reason. A failed attempt alone does not necessarily establish deliberate evasion. The service record, addresses, attempts made and other circumstances help the court decide whether the statutory conditions are met.
Permitted methods of substituted service
- Affixation: A copy of the summons may be affixed in a conspicuous place at the court-house and at a conspicuous part of the defendant's last known residence or business premises, if any, as directed by Rule 20(1).
- Newspaper publication: If the court directs an advertisement, Rule 20(1A) requires publication in a daily newspaper circulating in the relevant locality.
- Other court-directed method: Rule 20(1) permits service in another manner the court considers fit, subject to applicable procedural rules and the terms of its order.
Practical procedure before and after the order
- Attempt ordinary service using the applicable provisions of Order V and retain the process server's return and supporting records.
- Where ordinary service fails, place the relevant facts and service attempts before the court, ordinarily through an application supported by appropriate material.
- The court considers whether Rule 20(1)'s requirements are satisfied and specifies the manner of substituted service.
- Carry out the court's directions, including any publication or affixation, and submit proof of compliance.
- The court determines whether service is duly effected and fixes the defendant's time for appearance as the case requires.
Difference between Rule 17 affixation and Rule 20 substituted service
Order V Rule 17 concerns the serving officer's procedure where service is refused or the defendant cannot be found despite due diligence, including affixation and a report. Rule 19 deals with the court's scrutiny of that return. By contrast, Rule 20 authorizes court-ordered substituted service upon the court's satisfaction that its conditions are met. These procedures should not be conflated.
Legal effect and safeguards
Under Rule 20(2), properly ordered substituted service has the same legal effect as personal service. However, whether service was valid in a particular case depends on compliance with the statute, the court's directions and applicable rules. An affected defendant may challenge defective service through available procedural remedies, including, where applicable, Order IX Rule 13 CPC in relation to an ex parte decree. Such relief depends on the facts and statutory requirements.
Frequently asked questions
Is newspaper publication compulsory in every case?
No. Newspaper publication is one possible method. If the court orders publication, Rule 20(1A) governs the type and locality of the newspaper.
Can a plaintiff publish a summons without the court's order?
Publication undertaken independently is not automatically valid substituted service under Rule 20. The provision contemplates an order of the court.
Does substituted service count as personal service?
Rule 20(2) gives substituted service ordered by the court the same legal effect as personal service, provided the required procedure is followed.
Who fixes the date for the defendant's appearance?
Under Rule 20(3), the court fixes the time for appearance according to the needs of the case.
Official legal references
India Code - Code of Civil Procedure, 1908 | Official CPC text (PDF) | CPC sections, orders and rules
This article provides general legal information. Court-specific procedural rules, local amendments and judicial directions may affect the method of service in an individual case.