[Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for rule 15 (w.e.f. 1.2.1977).] - 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 him 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.]

High Court Amendments-[Allahabad].-For the words "Where in any suit the defendant cannot be found", read "When the defendant is absent or cannot be personally served".-(24-7-1926).[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Bombay].-For the existing rule 15 and its marginal note, substitute the following as rule 15 and marginal note: "15. Where service may be on male member of defendant's family.-When the defendant cannot for any reason be personally served and has no agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him. Explanation.-A servant is not a member of the family within the meaning of this rule."-(1-10-1983). [Calcutta].-For rule 15 substitute the following: "15. Where in any suit the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time, then unless he has an agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him: Provided that where such adult male member has an interest in the suit and such interest is adverse to that of the defendant, a summon so served shall be deemed for the purposes of the third column of Article 164 of Schedule I of the Limitation Act, 1908, not to have been duly served. Explanation.-A servant is not a member of the family within the meaning of this rule." [Delhi].-Same as that of Punjab. [Himachal Pradesh].-Same as that of Punjab. [Karnataka].-Delete rule 15 and substitute the following: "15. Where in any suit the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time, then unless he has an agent duly empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant (not being a servant) who is residing with him: Provided that where such adult male member has an interest in the suit and such interest is adverse to that of the defendant, summons so served shall be deemed for the purposes of rule 13 of Order IX of this Code or of the 3rd column of Article 123 of the Schedule of the Limitation Act, 1963, not to have been duly served."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-In rule 15, for the word "male" in the marginal note, the word "adult" shall be substituted and the word "male" in the rule shall be omitted.-(9-6-1959). [Madhya Pradesh].-Same as that of Allahabad-(16-9-1960). [Madras].-In rule 15 of Order 5, delete the words "the defendant cannot be found" and in lieu thereof insert the words "the defendant is absent". [Punjab].-In rule 15 after the words "where in any suit the defendant cannot be found", insert "or is absent from his residence". [Rajasthan].-Same as that of Allahabad.

[Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for rule 15 (w.e.f. 1.2.1977).] - 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 him 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.]

High Court Amendments-[Allahabad].-For the words "Where in any suit the defendant cannot be found", read "When the defendant is absent or cannot be personally served".-(24-7-1926).[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Bombay].-For the existing rule 15 and its marginal note, substitute the following as rule 15 and marginal note: "15. Where service may be on male member of defendant's family.-When the defendant cannot for any reason be personally served and has no agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him. Explanation.-A servant is not a member of the family within the meaning of this rule."-(1-10-1983). [Calcutta].-For rule 15 substitute the following: "15. Where in any suit the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time, then unless he has an agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him: Provided that where such adult male member has an interest in the suit and such interest is adverse to that of the defendant, a summon so served shall be deemed for the purposes of the third column of Article 164 of Schedule I of the Limitation Act, 1908, not to have been duly served. Explanation.-A servant is not a member of the family within the meaning of this rule." [Delhi].-Same as that of Punjab. [Himachal Pradesh].-Same as that of Punjab. [Karnataka].-Delete rule 15 and substitute the following: "15. Where in any suit the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time, then unless he has an agent duly empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant (not being a servant) who is residing with him: Provided that where such adult male member has an interest in the suit and such interest is adverse to that of the defendant, summons so served shall be deemed for the purposes of rule 13 of Order IX of this Code or of the 3rd column of Article 123 of the Schedule of the Limitation Act, 1963, not to have been duly served."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-In rule 15, for the word "male" in the marginal note, the word "adult" shall be substituted and the word "male" in the rule shall be omitted.-(9-6-1959). [Madhya Pradesh].-Same as that of Allahabad-(16-9-1960). [Madras].-In rule 15 of Order 5, delete the words "the defendant cannot be found" and in lieu thereof insert the words "the defendant is absent". [Punjab].-In rule 15 after the words "where in any suit the defendant cannot be found", insert "or is absent from his residence". [Rajasthan].-Same as that of Allahabad.