Dear Sir,

You have to take step for service of summons by substituted service by paper publication etc., then court may treat him ex parte and decree may be passed.

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CIVIL PROCEDURE CODE

SUBSTITUTE SERVICE OF COURT SUMMONS – PROCEDURE

ORDER 5 RULE 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 acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, [127][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 do, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

ORDER 5 RULE 19A. Simultaneous issue of summons for service by post in addition to personal service— (1) The Court shall, in addition to, and simultaneously with, the issue of summons for service in the manner provided in rules 9 to 19 (both inclusive), also direct the summons to be served by registered post, acknowledgement due, addressed to the defendant, or his agent empowered to accept the service, at the place where the defendant, or his agent, actually and voluntarily resides or carries on business or personally works for gain: Provided that nothing in this sub-rule shall require the Court to issue a summons for service by registered post, where, in the circumstances of the case, the Court considers it unnecessary. (2) When an acknowledgement purporting to be signed by the defendant or his agent is received by the Court or the postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons, when tendered to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant : Provided that where the summons was properly addressed, prepaid and duly sent by registered post, acknowledgement due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgement having lost or mislaid, or for other reason, has been received by the Court within thirty days from the date of the issue of the summons].

ORDER 5 RULE 20: Substituted service.- (1) Where the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.

(1A) Where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.

(2) Effect of substituted service—Service substituted by order of the court shall be as effectual as if it had been made on the defendant personally.

(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.

Consider Email, WhatsApp Etc. For Substituted Service Of Summons: Bombay HC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4217 OF 2018 DATE: 7 th August, 2018.

Dr. Madhav Vishwanath Dawalbhakta (Decd) through LRs. Dr. Nitin M. Dawalbhakta&Ors. ...Petitioners Versus M/s. Bendale Brothers ...Respondent

Justice MridulaBhatkar discussed the different modes of effecting substitute service of summons under Order 5 Rule 20 of the Code of Civil Procedure, and observed, “…in sub-rule (i) and (ii), the substituted service means fixing the copies of the summons on different place as mentioned in the Rule. However, the sub-rule(iii) gives further option that the summons can be served in such other manner as the Court thinks fit. 

SC Allows Service Of Notices/Summons/Documents Via WhatsApp, Telegram Etc In Addition To By E-mail In Every Legal Proceeding

IN THE HON’BLE SUPREME COURT OF INDIA ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. OF 2021 Drawn on: 29.01.2021

SANJAY KUMAR, ADVOCATE VS. HIGH COURT OF JUDICATURE AT PATNA AND ANOTHER

Taking note of the difficulties for physical service of summons on account of lockdown and COVID-19 pandemic, the Supreme Court has allowed the service of notices, summons and pleadings etc via e-mail, FAX, telemessenger services such as Whatsapp, Telegram, Signal etc.

The bench ordered :

"Service of notices, summons and pleadings etc. have not been possible during the period of lockdown because this involves visits to post offices, courier companies or physical delivery of notices, summons and pleadings. We, therefore, consider it appropriate to direct that such services of all the above may be effected by e-mail, FAX, commonly used instant messaging services, such as WhatsApp, Telegram, Signal etc. However, if a party intends to effect service by means of said instant messaging services, we direct that in addition thereto, the party must also effect service of the same document/documents by e-mail, simultaneously on the same date".

ORDER 5 RULE 25. Service where defendant resides out of Indiaand has no agent— Where the defendant resides out of India and has no agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate : Provided that where any such defendant [130][resides in Bangladesh or Pakistan] the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer [131][in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military naval or air forces)] or is servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf

you wait till the next date of hearing, if he is not turning up then your advocate should insist the court to set them exparte and on letting in your side evidence, you may get a decree for eviction as prayed for.

If he is turning up during the next hearing then the court will give him time to file counter objection, once filed, the case trial will be conducted as per procedures of law.

you may be in touch with your own advocate and clarify all your doubts raised here, from your lawyer, who will be the best person to guide you properly, instead of getting information from various lawyers from this forum or any other legal forum, which will only confuse you and misguide you more.

As respondent is avoiding notice, Court will order you to publish notice  in local newspaper after that Court will pass ex parte order of eviction against him. File execution petition seeking his eviction through Court bailiff, he will file a report of door locked. File an application to break open the lock by Court and handing over possession. Court will get the lock broken and give you possession seizing all his property in the shop. His property will be sold and Court will give you arrear of rent. The whole process will take between 4 to 6 months. This is the only way you can get possession of your property. As the dispute is civil, police will not interfere. 

1. If the summons could not be served then substituted service through newspaper publication is a valid mode of service.

2.Once it is done and still the tenant does not appear in the suit, the court can proceed ex parte .

3. In ex parte hearing once decree of eviction is passed, the possession can be taken with the help of the Court and Police. 

- If the said tenant is avoiding to receive the summons of the Court then the Court can proceed to pass an Ex-parte eviction order against the said tenant. 

- Further, even if he appeared after passing the eviction order then also he cannot file any complaint against you , as being the landlord you have right to vacate him legally. 

- Further, you  have right to claim the arrears of rent in the same eviction petition filed by you. 

- Further, you can lodge a complaint against the person who has damaged the window of your house as you are not under obligation to pay the loan amount taken by the tenant. 

If summons cannot be served apply for substituted service 

2) if inspite  of service of summons the tenant  does not appear you will get exparte decree 

3) court will not extend time if tenant does not appear for 3 consecutive dates inspite of service of notice 

File eviction suit before court