Service when persons summoned cannot be found
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Summary
When a summoned person cannot be found despite reasonable effort, the officer may leave one duplicate of the summons with an adult male family member who resides with him. That person may be asked to sign a receipt on the back of the other duplicate. A servant living there is not treated as a family member.
Example
Ravi is summoned to appear but is away from home; after reasonable enquiries the officer cannot find him, so the officer leaves a duplicate with Ravi's adult brother who lives with him. The brother signs a receipt on the back of the other duplicate, and service is treated as completed under this rule.
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 male 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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