Substituted service must be properly grounded; invalid publication can justify setting aside an ex parte decree.

Substituted service under Order 5 Rule 20 CPC is permissible only when the court is satisfied that the defendant is keeping out of the way or that ordinary service cannot be effected, and the order must reflect due application of mind. Service by publication is not a formality; for Order 9 Rule 13 CPC, due service means service that effectively brings the proceedings to the defendant's knowledge. Where the record shows the defendant had left the premises and substituted service was not properly grounded, the ex parte decree is vulnerable to being set aside.

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Issues: Whether the defendant was duly served and whether the ex parte decree was liable to be set aside under Order 9 Rule 13 of the Code of Civil Procedure on the ground of invalid substituted service.

Analysis: The validity of service had to be tested with reference to Order 5 Rule 17 and Order 5 Rule 20 of the Code of Civil Procedure. Substituted service is permissible only when the Court is satisfied that the defendant is keeping out of the way or that summons cannot be served in the ordinary way, and the order must show due application of mind. Service by publication is not a mere formality, and due service under Order 9 Rule 13 means service that effectively brings the proceedings to the defendant's knowledge. Where the record shows that the defendant had left the premises and the steps taken for substituted service were not mechanically or properly grounded, the ex parte decree is vulnerable to being set aside. The Court accepted the Appellate Court's view that service was not shown to be properly effected in the manner required by law.

Conclusion: The ex parte decree was rightly set aside and the writ petition challenging that order failed.

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