17. Procedure when defendant refuses to accept service, or cannot be found.- Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, who is absent from his residence at the time when service 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 there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and ‘whose presence the copy was affixed. HIGH COURT AMENDMENTS Calcutta, Andaman and Nicobar Islands.- Substitute the following:— “Rule 17 - Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgement, or where the defendant is absent from his residence at the time when service is sought to be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time and there is no agent empowered to accept service of the summons on his behalf, nor any other person upon whom service can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain and shall then return the original to the Court from which it was issued with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed. (25-7-1928). Gauhati (Assam, Nagaland, Tripura, Meghalaya and Manipur).- Same as that of Calcutta - See Assam High Court Order, 1948, Clause 6(5-4-1948); Act 27 of 1962, Sections 13 and 15 (w.e.f. 1-12-1963) and Act 81 of 1971 (25-1-1972).
Karnataka.- Delete Rule 17 and substitute the following: “17. Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment. or where the defendant is not present at the house in which he ordinarily resides or carries on business or personally works for gain at the time when service is sought so be effected on him thereat and there is no likelihood of his being found thereat within a reasonable time and their is no agent empowered to accept service of the summons on his behalf nor any other person upon whom service can be made under Rule 15, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person, if any, by whom the house was identified and in whose presence the copy was so affixed.” (30-3-1967). Madhya Pradesh.- The following proviso shall be added at the end of the rule:
“Provided that where a special service has been issued and the defendant refused to sign the acknowledgement, it shall not be necessary to affix a copy as directed hereinbefore.” (16-9-1960).
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