(2) Service of summons shall be made by delivering or tendering a copy of the summons.
(3) Wherever it is practicable, service shall be made on the defendant in person unless he
has an agent empowered to accept service.
40.
Time of Service of Summons:No summons shall be served between sunset and sunrise unless it is necessary to do so
and leave of the Court is obtained
41.
Service on Several Defendants:Save as otherwise provided by law, where there are several defendants, service of the
summons shall be made on each defendant.
42.
Service Where Defendant Cannot be Found or Refuses to Accept Service:(1) Where a defendant cannot be found, service may be made:(a) on any adult male member of his family residing with him or on his wife who
is residing with him;
(b) where the suit is for immovable property, on any agent of the defendant or
heir in charge of such property.
(2) Where the person upon whom the summons is to be served, refuses to accept service
or where the serving officer after using all due and reasonable diligence cannot find
the defendant and there is no agent to accept service of the summons on the
defendant’s behalf nor any other person on whom service can be made, the serving
officer shall return the summons to the Court with a report endorsed thereon or
annexed thereto explaining the circumstances.
43.
Substituted Service:(1) Where the Court is satisfied that there is reason to believe that the defendant is
keeping out of way for the purpose of avoiding service, or that you for any other
reason the summons cannot be served in the ordinary way, the Court shall order the
summons to be served by any of the following means:(a) by fixing a copy thereof on a conspicuous place in the Court House and also
on the door of the house in which the defendant resides; or
(b) by an advertisement in a daily newspaper; or
(c) in such other manner as the Court thinks fit.
(2) Service substituted by order of the Court shall be effective from the time the
procedure directed by the Court has been carried out.
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