Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that before resorting to provisions contained in Order V Rule 15 of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found at the residence within a reasonable time. Aggrieved of the same the appellant had filed an application under Order IX Rule 13 of the CPC seeking setting aside of ex parte judgment and decree and an another application under section 5 of the Limitation Act seeking condonation of delay was also filed by the appellant before the trial court on 13.10.2018, both of which came to be dismissed. Court further noted that on October 28, 2017 statement of the Process Server was recorded on oath by the learned trial court in which he confirmed the veracity of the reports on the two summons abd the trial court relying upon the report of the Process Server declared that the appellant had been served through her father and proceeded ex parte against her. Commenting further on the subject the bench said that since the appellant had not also empowered any agent to accept service of summons on her behalf, the conditions mentioned in Order V Rule 15 of the CPC were satisfied in the instant case and accordingly, the trial court had rightly declared that the appellant has been duly served with the summons.