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
Rule 20 Order V "Substituted services"
(1) Where the Court is satisfied that there is reason to believe that the
defendant is keeping out of the way for the purpose of avoiding service, or that
for any other reason the summons cannot be served in the ordinary way, the Court
shall order the summons to be served by affixing a copy thereof in some
conspicuous place in the Court-house, and also upon some conspicuous part of the
house (if any) in which the defendant is known to have last resided or carried
on business or personally worked for gain, or in such other manner as the Court
thinks fit.
(1A) Where the Court acting under sub-rule (1) orders service by an
advertisement in a newspaper, the newspaper shall be a daily newspaper
circulating in the locality in which the defendant is last known to have
actually and voluntarily resided, carried on business or personally worked for
gain.
(2) Effect of substituted service-Service substituted by order of the Court
shall be as effectual as if it had been made on the defendant personally.
(3) Where service substituted, time for appearance to he fixed -Where service is
substituted by order of the Court, the Court shall fix such time for the
appearance of the defendant as the case may require.
AFFIDAVIT FORMATS
Affidavit, Maintenance & Divorce, Delhi High Kusum Sharma v. Mahinder Kumar Sharma
Affidavit, Petition for Judicial Separation under Section 10 of Hindu Marriage, Act
Affidavit to be filed with Divorce petition under Section 13(1) of Hindu Marriage Act
Affidavit, Section 23(2) of The Protection of Women from Domestic Violence Act, 2005
Affidavit, Evidence by way of Affidavit, Complaint u/s 138, Negotiable Instruments Act
Affidavit under Motor Vehicles Act in a Motor Accident Petition Appeal
Affidavit to Register Marriage under Hindu Marriage Act
Affidavit under Section 2 of Dissolution of Muslim marriage Act
Affidavit in a Civil Revision Petition under section 115 of CPC and for stay against order
Evidence by way of Affidavit during Trial under Section 17 of Consumer Protection Act
Affidavit for Restoration Petition u/s 151 of CPC for to restore Dismissed Application
Affidavit, Application to delete name of Party from Petition order 1 Rule 10(2) of CPC
Affidavit for Petition for maintenance under section 125 CrPC
Affidavit for production of documents in court which not produced earlier
Affidavit to declare legal heirs of deceased employee to claim PF and Super Annuation
Affidavit for Application to arrest Defendant before Judgment
Affidavit for Application to change name in the Education Certificate
Affidavit with Application for substituted service of summon order V Rule 20 CPC
Affidavit with Application for Registration of Will after death of Testator
Affidavit to Application objecting notice to vacate premises occupied the by the landlord
Affidavit for Application to issue Duplicate Driving License from Transport Authority
Affidavit u/s 13(1)(i)(ib) of Hindu Marriage Act for Divorce Petition, Desertion 2+ years
Affidavit for Divorce Petition Section 13(1)(i) of Hindu Marriage Act, Ground of Adultery
Affidavit, Mutual Divorce Petition u/s 13B of HMA, Dissolution of Marriage, First Motion
Affidavit for Second Motion of Mutual Consent Divorce Petition u/s 13B(1) of HMA
Affidavit for Petition u/s 11 of Hindu Marriage Act for Decree of Nullity of Marriage
Affidavit for Petition for Maintenance under Section 24 of Hindu Marriage Act
Affidavit to Petition for Judicial Separation under Section 10 of Hindu Marriage Act
Affidavit to Petition Probate under Section 276 of Indian Succession Act
Affidavit to Recall ex- parte order and set aside it passed in the absence of Defendant
Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm
Affidavit for IA seeking Security from Defendant in a Recovery Suit under order XXXVII
Affidavit for Consumer Complaint u/s 12 of Consumer Protection Act to District Forum
Affidavit for Substitution Application, death of a Party in a Suit, order XXII Rule 3 CPC
Affidavit for Application to arrest, detain in Prison Judgment Debtor as per order XXI Rule 37 CPC
Affidavit to produce additional evidence in an appeal, Order XLI Rule 27 of Code of Civil Procedure
Affidavit to Anticipatory bail application under section 438 of Code of Criminal Procedure
Affidavit for Bail Application under section 437 of Code of Criminal Procedure
Affidavit for issue of Death Certificate after registration of death
Affidavit for Writ of Certiorari Writ Petition under Article 226 and 227 in High Court
Affidavit for Writ of Mandamus under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Quo Warranto under Article 226 of the Constitution to be filed in High Court
Affidavit for Writ of Habeas Corpus under Article 226 of the Constitution to be filed in High Court