Multiple choice

Where the defendant is absent at the time when service of summons is sought to be effected on him at his residence, there being no likelihood of his availability within reasonable time and in absence of an empowered agent, the service may be made on

  1. any adult male member of his family

  2. any adult female member of his family

  3. a servant engaged by the defendant at his residence

  4. Both (1) and (2)
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

Under Order 5 Rule 16 CPC, when the defendant cannot be served at residence due to absence with no reasonable expectation of return and no empowered agent is available, service may be made on any adult member of the family (male or female) who is residing with the defendant. The law does not discriminate based on gender, and servants are specifically excluded under the proviso.

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