15. Where service may be on an adult member of defendant’s family.- Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on him at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him. Explanation: A Servant is not a member of his family within the meaning of this rule. HIGH COURT AMENDMENTS
Bombay.- In Order V, for the existing Rule 15 and Its marginal note, substitute the following as Rule 15 and marginal note :- “15. Where service may be on male member of defendant’s family.— When the defendant cannot for any reason be personally served and has no agent empowered to accept service of the summons on his behalf. service may be made on any adult male member of the family of the defendant who is residing with him. Explanation - A servant is not a member of the family within the meaning of this rule.” (1-10-1983). |