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State of Madhya Pradesh - Section

Section 56 in M.P. Civil Court Rules, 1961

56.

If the person addressed is absent from his residence at the time of attempted service and there is no likelihood of his returning there within a reasonable time and there is no agent empowered to accept service on his behalf, nor any other person on whom service can be made, service should be effected in the manner directed in Order V, Rule 17. It should be proved according to the circumstances of the case by the declaration of the serving officer and, if necessary, by the affidavit or solemn declaration of some other person or persons (if any), acquainted with the facts that the person was absent from his residence at the time of attempted service and that there was no likelihood of his returning within reasonable time and that there was no agent empowered to accept service, nor any other person on whom service could be made; and in any case that the house on the outer door or some other conspicuous part of which a copy of the process was affixed, was the ordinary residence or place of business of the person addressed at the time when it was so affixed. The Court may also proceed under Order V, Rule 19.Note 1. If the person is temporarily absent from home when the server calls, it cannot be said that he cannot be found and so cannot be served personally. If the person has gone to his field or to the bathing ghat or a temple, etc., or to a friend or relative in the town or village or on a short visit to a neighbouring village or town, the server should make reasonable search for him.Note 2. - If the process-server has reason to suspect that the person to be served is in hiding, he should repeat his visit to the house; he may also be able, with the assistance of respectable persons in the neighbourhood to induce the man to accept service.Note 3. - It the server has reason to believe that there is a good prospect of personal service if he stays for a short time in the village, he may stay there for not more than six hours, or he may re-visit the village after serving processes in the neighbouring villages.Note 4. - When after the exercise of all due and reasonable diligence the person though temporarily absent from home, can not or is not likely to be found and if not less than three weeks, or such other period as the District Judge may fix, will still remain before the hearing when the server returns to his headquarters the process should not be affixed to the house but brought back so that it may be sent out again.