Procedure when service cannot be effected as before provided
AI Assist
Summary
If a summons cannot be delivered despite due diligence under sections 64–66, the serving officer must fix a duplicate copy to some conspicuous part of the house or homestead where the person ordinarily resides. After making such inquiries as it thinks fit, the Court may either declare the summons duly served or order a fresh service in another manner. This applies only when personal service has been tried and failed.
Example
Priya lives in a large joint house and is often away for work. The serving officer tried several times and could not hand her the summons personally, so he affixed a duplicate on her front door. The Court, after asking a few questions, may treat that as duly served or direct a fresh service in some other way.
Bare Act
Enacted textIf service cannot by the exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
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