Service of Summons under CPC

Introduction

The service of summons is a crucial step in a civil suit as it ensures that the defendant is notified about the case filed against them. The Civil Procedure Code (CPC), 1908, lays down detailed provisions for how summons are issued, served, and their consequences if not complied with.

• Relevant Provisions:
  • Section 27 – Summons to Defendant
  • Order 5, Rules 1-30 – Manner and Modes of Service

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What is a Summons?

A summons is a legal notice issued by a court to:

1. The Defendant – informing them about the suit and directing them to appear before the court.
2. Witnesses – directing them to appear and testify.

Purpose of a Summons

• To notify the defendant about the suit.
• To provide a copy of the plaint to the defendant.
• To give the defendant an opportunity to present their defense.

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Types of Summons

1. Summons to the Defendant (Order 5, Rule 1-8, CPC)

A summons issued to a defendant must contain:

• Name of the court
• Name of the parties
• Nature of the claim
• Time limit for appearance
• Consequences of non-appearance

2. Summons to Witnesses (Order 16, Rules 1-21, CPC)

A witness may be summoned to:

• Give oral evidence
• Produce documents or records

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Modes of Service of Summons

1. Personal or Direct Service (Order 5, Rule 9, CPC)

• The summons is delivered personally to the defendant.
• The serving officer obtains the defendant’s signature as proof of service.

If the Defendant Refuses to Accept

• The officer must affix the summons on the door and report to the court (Order 5, Rule 17, CPC).

2. Service Through an Agent (Order 5, Rule 12, CPC)

• If a defendant has an authorized agent, the summons can be served to the agent.

3. Service by Affixture (Order 5, Rule 17, CPC)

• If the defendant cannot be found, the officer may attach the summons on the property and submit a report.

4. Service Through Registered Post or Courier (Order 5, Rule 9A, CPC)

• Summons can be sent via registered post, speed post, or a recognized courier service.
• If the defendant refuses, it is considered valid service.

5. Service by Electronic Means (Amendment to CPC, 2020)

• Courts now allow service through email, WhatsApp, and SMS if permitted.

6. Service by Publication (Order 5, Rule 20, CPC)

• If the defendant cannot be traced, the court may order publication in a newspaper.

Case Law: K.K. Velusamy v. N. Palanisamy (2011)

• The Supreme Court upheld that substituted service (newspaper publication) is valid when the defendant is unavailable.

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Special Cases of Service

1. Service on the Government (Order 5, Rule 27, CPC & Section 80, CPC)

• If a suit is filed against the government, a notice must be sent two months before filing the suit.

2. Service on a Corporation (Order 5, Rule 28, CPC)

• Summons is delivered to an officer or manager of the company.

3. Service on a Minor or Lunatic (Order 5, Rule 10, CPC)

• Summons is served to their guardian.

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Consequences of Non-Service or Improper Service

If summons is not served correctly, the court may:

• Order re-service.
• Extend the time for service.
• Dismiss the suit if the plaintiff fails to serve the summons properly.

If the defendant ignores a validly served summons, the court may:

• Proceed ex parte (without their presence) under Order 9, Rule 6, CPC.

Case Law: Sangram Singh v. Election Tribunal (1955)

• The Supreme Court held that due service of summons is essential for a fair trial.

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Conclusion

The service of summons is the foundation of civil litigation, ensuring the defendant gets a fair chance to defend themselves. The CPC provides multiple modes of service to prevent delay and ensure justice is not denied due to procedural lapses.