CPC

Section 20. Application for issue of commission

In force · As amended up to 2026-08

20. Application for issue of commission.— The High Court may issue a commission under rule 19— (a) upon application by a party to the proceeding before the foreign court, or (b) upon an application by a law officer of the State Government acting under instructions from the State Government. 20. Substituted service. —(1) Where the Court is satisfied that there is reason 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. 3[(1A) 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.] (2) 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. 1. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977). 2. Ins. by s. 55, ibid . (w.e.f. 1-2-1977). 3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977). (3) 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. 1[ 20A. Service of summons by post. ] Rep. by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976) , s. 55 ( w.e.f. 1-2-1977)]. 20. Certified copies of judgment and decree to be furnished.— Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense. 2[ORDER XXA Costs 20. Cross-decrees and cross-claims in mortgage suits. —The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgage or charge.

Source: India Code

How this section changed

  1. inserted by Act 104 of 1976, s. 55

    In force from 1 Feb 1977

    Footnote: 2. Ins. by s. 55, ibid . (w.e.f. 1-2-1977).

  2. inserted by Act 104 of 1976, s. 55

    In force from 1 Feb 1977

    Footnote: 3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).