Affidavit for Application for Substituted Service of Summons (Order V Rule 20 CPC) (India)
This template provides a formal affidavit format for an application for substituted service of summons under Order V Rule 20 of the Indian Code of Civil Procedure. It is used when a defendant is intentionally avoiding service, allowing the plaintiff to request alternative methods such as newspaper advertisements or registered post.
Affidavit with Application for substituted service of summon order V Rule 20 CPC.
Format of Affidavit with application for service of summon by substituted service.
Application for substituted service of summon should be supported with affidavit. Sometimes the Defendants avoid receiving summon and the summon may be affixed on the door of his house. As per Order V Rule 20 of Code of Civil Procedure, Summon can be served through Substituted Service. In such circumstances application for substituted service of summon must be filed to get the summon served to the Defendant.
Sample Format of Affidavit to be attached with application for substituted service of summon is given below:
IN THE COURT OF ____________, NEW DELHI
CS OS NO. ____ OF 20__
IN THE MATTER OF :
MR. ______________ PLAINTIFF
VERSUS
MR. ______________ RESPONDENT
AFFIDAVIT
I, _______________, son of Shri. ______________, aged about __ years, resident of ______, ________________, New Delhi-______, do hereby solemnly affirm and declare as under:-
1 . That I am the Plaintiff in the abovementioned suit and as such am fully acquainted with the facts deposed to below.
2. That the summons in this suit have been issued to Defendant at his residence at and were returned un served with the report that the defendant is not in his house.
3 That when the summons were taken out again on ______________ was returned with the report of the Court's summons server that the defendant is not available and the summons were affixed on the door of his house.
4. That the defendant Mr. _____________ is intentionally avoiding service of the summons to harass the plaintiff.
5. That in the interests of justice, it is necessary that the summons be served by registered post, and if the court deems necessary that the service of the summons be also effected through the newspapers, the plaintiff is ready to defray the expenses for the service of summons by post and/or by advertisement in the newspaper.
DEPONENT
VERIFICATION
Verified at ________ on this day of, ___ that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
DEPONENT
Order V Rule 20 of Code of Civil Procedure 1908
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