Order V Rule 2 CPC – Copy or Statement Accompanying Summons

Order V Rule 2 of the Code of Civil Procedure, 1908 deals with the documents that must accompany the summons served upon the defendant. The provision ensures that the defendant is not merely informed that a suit has been filed, but is also given sufficient information about the claim so that an effective defence can be prepared.

The rule is therefore closely connected with the principles of natural justice, fair hearing and procedural fairness.

Order V Rule 2 at a Glance

Particular	Details
Provision	Order V Rule 2 CPC
Subject	Copy or statement accompanying summons
Main requirement	Copy of plaint or, where permitted, concise statement of claim
Purpose	To inform defendant about the case
Related provision	Order V Rule 1
Principle involved	Fair notice and opportunity to defend

Statutory Provision

Order V Rule 2 provides that:

Every summons shall be accompanied by a copy of the plaint, or, if so permitted by the court, by a concise statement of the nature of the claim.

The provision therefore creates a general requirement that the defendant should receive the substance of the plaintiff’s case along with the summons.

Object of Order V Rule 2

The main object of the rule is to ensure that the defendant has adequate information about the case being brought against them.

Simply receiving a summons stating that a suit has been filed would not ordinarily be sufficient for preparing a defence.

The defendant should know:

• who has brought the suit;
• what facts are alleged;
• what legal or factual claim is being made;
• what relief is sought; and
• what case has to be answered.

The accompanying copy of the plaint or permitted concise statement serves this purpose.

Copy of the Plaint

The normal requirement is that a copy of the plaint should accompany the summons.

The plaint contains the plaintiff’s pleadings and sets out the foundation of the suit.

It generally contains matters such as:

• names and descriptions of the parties;
• material facts;
• cause of action;
• jurisdictional facts;
• valuation;
• relief claimed; and
• other particulars required by Order VII.

Providing the plaint with the summons therefore gives the defendant a clear understanding of the plaintiff’s case.

Concise Statement of the Nature of the Claim

The rule also recognises an alternative.

Where the court permits, the summons may be accompanied by a concise statement of the nature of the claim instead of the complete plaint.

This is an exception to the ordinary requirement of supplying the copy of the plaint.

The statement must nevertheless provide sufficient information about the nature of the claim to enable the defendant to understand the proceedings.

Why Is the Rule Important?

Order V Rule 2 prevents a defendant from being placed in a position where they are expected to defend an unknown claim.

For example, suppose A files a suit against B claiming damages for breach of contract.

If B receives only a summons stating that a suit has been filed, B may not know:

• which contract is involved;
• what breach is alleged;
• when the alleged breach occurred;
• what amount is claimed; or
• what relief A is seeking.

Providing the plaint or an appropriate concise statement gives B the necessary information.

Relationship with Order V Rule 1

Order V Rule 1 deals with the summons itself, while Rule 2 deals with what should accompany that summons.

The provisions can therefore be understood together:

Rule 1 → Summons requiring the defendant to appear and answer the claim.

Rule 2 → Copy of plaint or permitted concise statement accompanying the summons.

Together, they ensure that the defendant receives both:

1. formal notice of the proceedings; and
2. information concerning the substance of the plaintiff’s claim.

Relationship with Order VII

Order VII deals with the plaint.

Since Order V Rule 2 ordinarily requires a copy of the plaint to accompany the summons, the two provisions are closely connected.

Order VII determines the contents and requirements of the plaint, while Order V Rule 2 ensures that the defendant receives that pleading along with the summons.

Therefore:

Order VII → What the plaint should contain.

Order V Rule 2 → Copy of the plaint accompanying summons.

Relation to Natural Justice

The rule supports the principle of audi alteram partem, which means that a person should have an opportunity to be heard before an adverse decision is made.

A meaningful opportunity to defend requires more than merely knowing that litigation exists.

The defendant must ordinarily have sufficient information about the claim to prepare an appropriate response.

Thus, Order V Rule 2 strengthens the procedural right of the defendant to receive proper notice.

Service of Summons and Accompanying Documents

The purpose of supplying the plaint or statement with the summons is defeated if the defendant does not receive the accompanying document.

Therefore, the process of service must be considered along with the requirement under Rule 2.

The defendant should receive the summons together with the document required to accompany it.

What Information Does the Defendant Receive?

When the copy of the plaint accompanies the summons, the defendant can understand:

The parties

The defendant can identify who has instituted the proceedings and who else is involved.

The cause of action

The defendant can understand the material facts forming the basis of the plaintiff’s claim.

The relief

The defendant can determine what the plaintiff is asking the court to grant.

The basis of jurisdiction

The defendant can examine the facts relied upon to establish the court’s jurisdiction.

The case to be answered

The defendant can prepare a written statement and other necessary defence based on the plaintiff’s pleadings.

Example

A files a suit against B seeking recovery of ₹5 lakh allegedly due under a loan agreement.

The court issues summons to B.

Along with the summons, B receives a copy of A’s plaint.

From the plaint, B can determine:

• the alleged loan transaction;
• the date of the agreement;
• the amount claimed;
• the alleged default;
• the relief sought by A.

B can therefore prepare an appropriate defence.

This is precisely the type of procedural fairness that Order V Rule 2 seeks to achieve.

Concise Statement – Practical Meaning

The expression concise statement indicates that the statement should communicate the nature of the plaintiff’s claim without necessarily reproducing the entire plaint.

However, it should not be so vague that the defendant is unable to understand the substance of the proceedings.

The court’s permission is relevant where the plaint itself is not supplied and a concise statement is used instead.

Consequence of Inadequate Notice

If the defendant does not receive sufficient information about the claim, the defendant may be prejudiced in preparing a defence.

Such procedural defects may become particularly important where:

• the defendant did not properly understand the proceedings;
• an ex parte order or decree is subsequently passed; or
• the defendant challenges the validity of service.

The court must therefore ensure compliance with the applicable requirements concerning summons and its accompanying documents.

Order V Rule 2 and Ex Parte Proceedings

Proper notice becomes especially important where the defendant does not appear and the plaintiff seeks to proceed ex parte.

Before proceeding against the defendant in their absence, the court must consider whether the summons was properly served.

Where the summons is required to be accompanied by a copy of the plaint or permitted statement, compliance with this requirement forms part of the broader procedural safeguards surrounding service.

Difference Between Rule 1 and Rule 2

Order V Rule 1	Order V Rule 2
Deals with issue of summons	Deals with document accompanying summons
Requires defendant to appear and answer	Provides information about the claim
Focuses on summons	Focuses on plaint or concise statement
Connected with appearance and written statement	Connected with adequate notice
First procedural requirement	Supporting requirement

Common Confusions

Does Rule 2 require the entire plaint?

The ordinary requirement is that the summons should be accompanied by a copy of the plaint.

However, where the court permits, a concise statement of the nature of the claim may accompany the summons instead.

Can the defendant receive only the summons?

The rule generally requires the prescribed accompanying document as well.

The purpose is to ensure that the defendant receives adequate information about the plaintiff’s claim.

Why is a copy of the plaint important?

Because the plaint contains the material facts and relief claimed by the plaintiff, allowing the defendant to understand and answer the case.

Is Rule 2 connected with natural justice?

Yes.

It supports the defendant’s right to receive adequate notice and a meaningful opportunity to defend.

Is Rule 2 concerned with service?

It deals specifically with what must accompany the summons, but it operates as part of the wider procedural framework governing service of summons.

Practical Importance in Civil Litigation

A lawyer should not treat the summons merely as a formal document.

The accompanying plaint or statement is equally important because it informs the defendant about the substance of the dispute.

At the stage of service, it should therefore be checked whether:

• the summons has been properly issued;
• the copy of the plaint has been supplied;
• the permitted concise statement has been supplied where applicable;
• the defendant has received sufficient information about the claim; and
• the service has otherwise complied with Order V.

Importance for Law Students and Judiciary Exams

Order V Rule 2 can be remembered through a simple formula:

Summons + Plaint = Notice + Knowledge of Claim

The most important points are:

1. Every summons should ordinarily be accompanied by a copy of the plaint.
2. The court may permit a concise statement of the nature of the claim instead.
3. The provision ensures that the defendant understands the case.
4. It supports the right to a fair opportunity of defence.
5. It operates together with Order V Rule 1 and Order VII.
6. It is particularly important when considering the validity of service and subsequent ex parte proceedings.

Important Questions to Prepare

1. Explain Order V Rule 2 CPC.
2. What document should accompany a summons?
3. Can a concise statement be supplied instead of the plaint?
4. What is the purpose of supplying the plaint with the summons?
5. Explain the relationship between Order V Rules 1 and 2.
6. Explain the relationship between Order V Rule 2 and Order VII.
7. How does Order V Rule 2 support natural justice?
8. What is the importance of the accompanying plaint in ex parte proceedings?
9. Can the court permit a concise statement of the claim?
10. What is the practical significance of Order V Rule 2?

Key Legal Principles

1. Summons should ordinarily carry the plaint

The defendant should ordinarily receive a copy of the plaint along with the summons.

2. Alternative statement is possible

With the court’s permission, a concise statement of the nature of the claim may accompany the summons.

3. The defendant must understand the claim

The provision ensures that the defendant receives sufficient information to prepare a defence.

4. Rule 2 supports fair hearing

The requirement forms part of the procedural safeguards protecting the defendant’s opportunity to be heard.

5. Rule 2 operates with other provisions

It must be understood alongside Order V Rule 1 and the provisions governing plaints under Order VII.

ASLO READ: Order V – Issue and Service of Summons

Key Takeaways

Concept	Principle
Provision	Order V Rule 2 CPC
Main subject	Copy or statement accompanying summons
Ordinary requirement	Copy of plaint
Alternative	Concise statement with court’s permission
Purpose	Inform defendant of the claim
Related provision	Order V Rule 1
Related pleading provision	Order VII
Legal principle	Fair notice and opportunity to defend

Order V Rule 2 CPC ensures that the defendant receives meaningful information about the suit along with the summons. The ordinary requirement is that a copy of the plaint should accompany the summons, although the court may permit a concise statement of the nature of the claim instead. The provision is important because proper notice requires more than merely informing the defendant that a suit exists; the defendant must also know the substance of the claim that has to be answered.