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__

MEMO OF PARTIES

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.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

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], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

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

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is 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

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant