Where the Court is satisfied that there is preason 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.
[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.] [Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).]
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.
Where service substituted, time for appearance to be 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.
High Court Amendment-[Punjab, Haryana and Chandigarh].-In rule 20, add the following proviso to rule 1: "Provided that if service in the ordinary manner or by registered post is not effected for the first date of hearing, the Court may direct substituted service, in such manner as the Court may deem fit, even if no application is made by or on behalf of the plaintiff for that purpose."-(Punjab 11-4-1975; Haryana 25-3-1975; Chandigarh 1-5-1975).
20A. [Service of summons by post.] Repealed by the Code of Civil Procedure (Amendment) Act, 1976 ( 104 of 1976), Section 55 (w.e.f. 1-2-1977).
Order 5, Rule 20-B High Court Amendment-[Punjab, Haryana and Chandigarh].-In Order 5, after existing rule 20-A, insert the following: "20B. On the occurrence of an unanticipated holiday or in the event of the Presiding Officer of a Court being absent owing to sudden illness or other unexpected cause, all cases fixed for the day in question shall be deemed to have been automatically adjourned to the next working day when the Presiding Officer is present and it shall be the duty of the parties or their Counsel to attend Court on that day."-(Notification No. G.S.R. 70/C.A. 5/8/ Section 127/Amd. /93, dated 27-8-1993.