Substituted service

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

Next date of hearing: [DATE]

APPLICATION UNDER ORDER V RULE 20 READ WITH SECTION 151 CPC FOR SERVICE OF THE DEFENDANT / RESPONDENT BY SUBSTITUTED MEANS

Respectfully showeth:

1. That summons / notice was issued to the [DEFENDANT / RESPONDENT No. __] for [DATES] at [LAST KNOWN ADDRESS].
2. That the summons was received back unserved with the report(s) dated [DATE] that [the defendant was not found / the premises were locked / the defendant refused / the defendant is evading service].
3. That the address inquiries and ordinary-service attempts were [DATES, MODES AND RESULTS]. The specific facts supporting avoidance or inability to effect ordinary service are [FACTS], as detailed below.
4. That service by [publication in the newspaper(s) __ / affixation at the last known address / email or WhatsApp at __ / other mode] would be an effective mode of service.
5. That ordinary service was attempted on [dates] by [modes] at [verified addresses], with reports [annexure and exact endorsement]. The verification of the last known address is [record].
6. That the specific facts showing deliberate avoidance or inability to serve in the ordinary way are [events and proof]. One unexplained “unserved” return alone is not asserted as sufficient.
7. That the proposed newspaper is [name], a daily circulating in the locality where the defendant last actually and voluntarily resided, carried on business or personally worked for gain; its circulation basis is [record].
8. That the proposed notice accurately states the case, parties, court and response date. Other court-directed affixation or service measures and sufficient response time are requested as [precise proposal].

PRAYER

It is, therefore, respectfully prayed that the defendant / respondent may kindly be ordered to be served by substituted means, namely [MODE], at the cost of the applicant.

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IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is competent to swear this affidavit and the accompanying [suit / petition / application] has been drafted by counsel on the deponent’s instructions. Its contents have been read over and explained in [LANGUAGE], understood by the deponent, and are incorporated as part and parcel of this affidavit; the factual statements are true to the deponent’s knowledge or identified records, and legal submissions are based on advice believed to be true.
2. That [no same or similar suit / petition / application on the same cause of action has been filed / the following prior or pending proceedings, outcomes and orders are fully disclosed: ___]. Nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Note: To be sworn before an Oath Commissioner / Notary Public and stamped as required by the applicable rules.

Preparation and judgment application — not part of the filing draft

Updated 11 October 2026. Complete every material fact, retain only supported alternatives, and renumber before filing. These notes support professional adaptation; they do not supply missing evidence or guarantee relief.

Filing and relief checks. Order V Rule 20 requires the Court’s recorded satisfaction. Attach every ordinary-service report and a verified address history. Substituted service must not become a shortcut to an ex parte decree.

Before relying on any authority, compare the material facts, procedural stage, statutory version and precise relief; check subsequent treatment and applicable local practice. Keep the authority note separate from the signed pleading. For criminal procedure, determine Section 531 BNSS savings rather than select the code solely from the alleged offence date.