Application under Order 5 Rule 20 CPC: Sample Format
Reference draft used in Indian courts — replace the blanks with your own case details.
In the Matter of: -
AB.................................................................... Plaintiff
versus
CD................................................................ Defendant
Most Respectively Showeth: -
1. That the service of the summons has not been effected on the defendant so far in the case.
2. That as per orders of this Hon’ble court summons were sent to the defendant by ordinary process through the court and also by post several times but the defendant is keeping out of the way for the purpose of avoiding service of the summons so as to delay the case.
3. That the defendant is working at................................. and is attending the office regularly.
4. That the applicaant is aware of the said fact personally and an affidavit to this effect is being filed alongwith the application.
5. That it is expedient in the ends of justice that the service of summons may be effected in such other mode as this Hon’ble Court may deem fit and proper.
PRAYER It is most respectfully prayed that the service of summons may be directed to be effected on the defendant by affixation or by publication in the newspaper.
It is prayed accordingly. Applicant
Through Advocate
Place: ..............................
Dated: .............................
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.