Substituted service under CPC need not always carry written reasons when court satisfaction is clear from the record.

Under Order 5 Rule 20 CPC, substituted service may be ordered where the court is satisfied that ordinary service cannot be effected or that the defendant is keeping out of the way. The satisfaction need not always be expressly recorded in written reasons if it is otherwise clear from the order-sheet, surrounding circumstances, failed personal service attempts, returned unserved notice, and publication steps. The materials on record and postal endorsement supported the validity of the service process, so the ex parte order based on such service was not liable to be interfered with.

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Issues: Whether the executing court was required to record written reasons showing satisfaction before ordering substituted service under Order 5 Rule 20 of the Code of Civil Procedure, 1908, and whether the ex parte order passed after such service was liable to be set aside.

Analysis: The notice to the respondent was returned unserved, attempts at personal service failed, and the record showed further steps including publication. The statutory scheme distinguishes between Order 5 Rule 19, where a declaration that summons has been duly served is contemplated after due consideration of the return, and Order 5 Rule 20, where substituted service may be ordered if the court is satisfied that ordinary service cannot be effected or that the defendant is keeping out of the way. The court held that Rule 20 does not mandate an express recording of reasons in every case and that the requisite satisfaction may be gathered from the surrounding circumstances and the order-sheet. The presumption arising from postal endorsement and the materials on record supported the validity of the service process.

Conclusion: The requirement of recording written reasons for satisfaction under Order 5 Rule 20 is not mandatory, the substituted service was valid, and the ex parte order was not liable to be interfered with.

Ratio Decidendi: Under Order 5 Rule 20 of the Code of Civil Procedure, 1908, the court's satisfaction for substituted service need not be expressly recorded in writing where it is otherwise implicit from the record and circumstances showing that ordinary service could not be effected.

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