State the Code:
If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, 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.
Explanation:
When the usual methods of service (personal service, substituted service, service by post, etc.) fail, the court can employ the methods outlined in Section 65. These methods include:
- Service by affixing a copy of the summons or warrant on the outer door or some conspicuous part of the house or other building where the person to be served resides. This method is employed when the person is absent from their residence, and the summons cannot be served personally.
- Service by delivering a copy of the summons or warrant to some adult male member of the family of the person to be served, residing at the place where such person resides. This method is applicable when the person to be served is not available but a suitable adult male family member is present at their residence.
- Service by delivering a copy of the summons or warrant to the person having charge of the place where such person resides. This method is suitable when an adult family member is not available but someone else is in charge of the person’s residence.
- Service by public proclamation. In cases where the person to be served cannot be found, service by public proclamation in a prominent place (like the courthouse or local market) is permissible. This method ensures that the person is notified of the legal proceedings even if they are unavailable.
The court can choose the most appropriate method depending on the specific circumstances of the case.
Illustration:
Imagine a situation where a summons needs to be served on a person residing in a particular house. However, upon repeated attempts, the person cannot be found at their residence. In this scenario, the court can direct the service to be made by affixing a copy of the summons on the outer door of the house. This ensures that the person is notified about the legal proceedings despite their absence.
Common Questions and Answers:
Q: What happens if the person evades service?
A: If a person persistently evades service, the court can presume that the person is aware of the proceedings and proceed accordingly.
Q: What if no adult male family member is found at the residence?
A: In such cases, the court can choose other methods like affixing the summons on the outer door or serving it to the person having charge of the residence.
Q: Can a person challenge the service made under Section 65?
A: Yes, a person can challenge the service made under Section 65 if they believe the service was not valid or proper.
