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Affidavit of a Process Server to Accompany Return of a Summons or Notice (India) by OLL
Open Legal LibraryUpdated 19 Oct 2026
Prefer the original wording?
Affidavit Of Process Server To A Accompany
Return Of A Summons Or Notice
The Affidavit of Mr…………………………….………………..
son of …………………………………………………………………
resident of ,……………………………………………………….. make oath and say as follows—
1. I am a process server of this Court.
2. On the ………….…. day of …………………, 2000, I received a summons/
Notice……………………………………………………….. issued by the Court of …………….………………….. in Suit No………………….……………. of ………………………………..…… in the said Court, dated the …………….…………….. day of …………………………………………………,………… For service on…………………………………….
3. The said ……………………………….…….. was at the time personally known to me, and I served the said Summons /notice on him /her on the ……………… day of……………, ……….. at
about………………. o’clock in the ………………………….……… noon ………………………………… by tendering a copy thereto him/ her and requiring his/her signature to the original Summons/ Notice.
(a)
(b)
Here state whether the person served signed or refused to sign the process,
and in whose presence.
Signature of process server.
Or
The said …………………………………..………. not being personally known to me…………………………….……. accompanied me to ………………………………………….. and pointed out to me a person whom he stated to be the said ……………………………………..…… and I served the said whom he stated to be the said……………………….……….. and I served the said Summons / Notice on his/ her on the………. ……….. day of ………, 2000, at about…………. O’clock in the …………………….. noon at…………………….….. by tendering a copy thereof to him/ her and requiring his/ her signature to the original summons/notice
(a)
(b)
Here state whether the person served signed or refused to sign the process,
and in whose presence.
Signature of Process server.
OR
One ………………………………..………… accompanied me to ………………………………… and there pointed out to me………………………………..…. Which he said was the house in which ………………….……… ordinarily resides. I did not find the said there.
(a)
(b)
Enter fully and exactly the manner in which the process was served,
with special reference to Order V, Rules 15 and 17.
Signature of Process server
OR
The said ……………………………………….…… and the house in which he ordinarily resides being personally known to me, I went to the said house, in ………………………….… and thereon the ….. day of ……………, 2000. At about …………o’clock in the……………… ……….. noon , I did not find the said…………………………..
(a)
(b)
Enter fully and exactly the manner in which the process was served, with special reference to Order V, Rules 15 and 17.
Signature of Process server.
Or
If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.
Sworn/ Affirmed by the said………………. Before me this …………. Day of …………….., 2000.
Empowered under section 139 of the Code of
Civil Procedure, 1908 to administer the oath to deponents.
This template is used by a process server in India to formally document the delivery of a court summons or notice to a specific individual. It includes options to record successful personal service, service through identification by a witness, or the inability to locate the person at their residence.
About this template
What is this template?
This document is a formal sworn statement by a court process server explaining how, when, and where a summons was delivered. It is not a proof of delivery for private mail or a general-purpose affidavit, as it contains specific references to Order V of the Code of Civil Procedure.
When should you use it?
Use this form when returning a summons or notice to an Indian court to prove that legal process has been served on a defendant. Use an Affidavit of Service for non-court related documents instead.
Who it's for
- a process server documenting the service of court documents in an Indian civil suit
- a court official verifying that a summons or notice was delivered according to statutory rules
How long it runs and how it's signed
How long
Used once
Signed by
Process server, Authorized official
Witness
Not required
Notarisation
Required
Also needed
Sworn or affirmed before an empowered officer
Law it's drafted under
Refers to
Order V, Rules 15 and 17
Governed by
Section 139 of the Code of Civil Procedure, 1908
Jurisdiction
India
Document info
MS Word. Document created on Fri Jun 26th, 2026. Last updated on Mon Oct 19th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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