Service when persons summoned cannot be found
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Summary
When a summoned person cannot be found after reasonable effort, the summons can be served by leaving one duplicate with an adult family member who lives with them. That family member may be asked to sign a receipt on the back of the other duplicate. A servant is not treated as a family member for this purpose.
Example
Priya is summoned to appear in court but the officer cannot locate her at home after searching. The officer leaves a duplicate summons with her mother, who lives with her. When asked, her mother signs a receipt on the back of the other duplicate. The house helper would not qualify as the family member for service.
Bare Act
Enacted textWhere the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation.-A servant is not a member of the family within the meaning of this section.
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