Rule 19 of CPC : Rule 19: Examination of serving officer.

Explanation using Example

Example 1:

Scenario: A civil court in Mumbai issues a summons to Mr. Sharma, who is a defendant in a property dispute case. The serving officer, Mr. Kumar, attempts to deliver the summons to Mr. Sharma's residence but finds the house locked and no one available to receive the summons. Mr. Kumar returns the summons to the court under Rule 17, stating that the house was locked.

Application of Rule 19:

1. The court notices that Mr. Kumar has not provided an affidavit verifying his attempt to serve the summons.
2. The court decides to examine Mr. Kumar on oath to understand the exact circumstances of his attempt to serve the summons.
3. Mr. Kumar appears before the court and explains under oath that he visited Mr. Sharma's residence twice, both times finding it locked.
4. Based on Mr. Kumar's testimony, the court decides to make further inquiries, such as checking with neighbors or attempting service at Mr. Sharma's workplace.
5. After the inquiry, the court declares that the summons has not been duly served and orders another attempt at service, possibly through an alternative method like affixing the summons to the door or publishing a notice in a local newspaper.

Example 2:

Scenario: A civil court in Delhi issues a summons to Ms. Gupta, who is a defendant...

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