New 55% Off on All Courses - Enroll Now! Click Here

    Question

    When service of summons has to be made on defendant and

    he is absent from his residence and not likely to return in a reasonable time, which of the following sevice is valid:
    A service on adult male member of the family Correct Answer Incorrect Answer
    B Adult member of the family Correct Answer Incorrect Answer
    C any member of the family including servant. Correct Answer Incorrect Answer
    D any member of the family excluding servant. Correct Answer Incorrect Answer
    E Adult male member of the family or his wife. Correct Answer Incorrect Answer

    Solution

    Order V Rule. 15. Where service may be on an adult member of defendant's family .— Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him. Explanation. —A servant is not a member of the family within the meaning of this rule.]

    Practice Next

    Relevant for Exams: