Service should always be personal wherever practicable (Order V, Rule 12) and the Courts ought not to proceed ex parte upon anything short of personal service, save when substituted service has been ordered and effected.Note 1. - This will present a Court proceeding ex parte on the basis of service under Order V, Rule 17, in cases in which the defendant could not be found. Particular care is required at this stage as otherwise a decree may be passed against a person who has, in fact, no knowledge of the suit's existence. Different considerations arise once the party has made an appearance and has filed a registered address. In the latter case full use can be made of Order V, Rule 17; in the former it is preferable to require an application for substituted service with all the consequential safeguards.Note 2. - Personal service shall be deemed to include all cases in which the process is delivered or tendered to the person concerned or his agent empowered to accept on his behalf, whether accepted or refused, including service, under Order V, Rule 13 and 14, Order XXIX, Rule 2, and Order XXX, Rule 3, and, where Order V, Rule 15 of the Civil Procedure Code, applies, cases in which the process is accepted by an adult male member of the family of the person to be served who is residing with him and the person to be served cannot be found.Note 3. - The signature required under Order V, Rule 16, should, in the case of illiterate persons, be held to mean the thumb-impression. Process servers on duty should therefore be supplied with pads and ink for taking such impressions and should instructed in their use.
