Section 27 CPC — Service of Summons on Defendants

Section 27 of the Code of Civil Procedure, 1908 deals with the service of summons on defendants after a suit has been duly instituted. Its purpose is to ensure that the defendant receives formal notice of the proceedings and has an opportunity to appear before the court and defend the suit.

The detailed procedure for issuing and serving summons is mainly contained in Order V CPC. Section 27 provides the statutory foundation, while Order V explains how summons are prepared, issued and served.

Section at a Glance

Particular	Details
Section	Section 27 CPC
Subject	Service of summons on defendants
Stage	After institution of suit
Main purpose	To notify the defendant of the suit
Detailed procedure	Order V CPC
Related provisions	Sections 28, 29 and Order V

Statutory Provision

Section 27 provides that where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on a day specified therein.

The summons must be served in the manner prescribed, and the date specified must comply with the applicable procedural requirements.

The Section therefore connects the institution of the suit with the defendant’s formal notice of the proceedings.

Meaning of Section 27 CPC

In simple terms:

Once a suit is properly instituted, the defendant must be formally summoned so that the defendant knows about the case and gets an opportunity to appear and contest it.

Service of summons is therefore closely connected with the principles of natural justice.

A defendant should ordinarily not be condemned without being given notice of the proceedings and an opportunity to defend.

Purpose of Section 27

Section 27 serves several purposes:

• Gives the defendant notice of the suit.
• Provides an opportunity to appear and defend.
• Ensures procedural fairness.
• Commences the defendant’s participation in the proceedings.
• Prevents adjudication behind the defendant’s back, except where the CPC permits an ex parte proceeding after proper service or otherwise.

Essential Requirements

1. A Suit Must Have Been Duly Instituted

Summons under Section 27 follows the institution of the suit.

2. Summons Must Be Issued to the Defendant

The summons informs the defendant about the proceedings and requires appearance before the court.

3. Proper Service Is Required

The summons must be served according to the procedure prescribed by the CPC, principally under Order V.

4. Reasonable Opportunity to Appear

The defendant must receive the notice in sufficient time to appear and answer the plaintiff’s claim.

Order V and Section 27

Section 27 provides the basic statutory rule, while Order V CPC contains the detailed rules relating to summons.

Order V deals with matters including:

• Issue of summons;
• Contents of summons;
• Service on defendants;
• Personal service;
• Service through recognised modes;
• Service where the defendant cannot be found;
• Substituted service;
• Service outside the jurisdiction;
• Service on special categories of defendants.

Therefore:

Section 27 = statutory basis for summons

Order V = detailed procedure for service

Importance of Proper Service

Proper service of summons is fundamental because the defendant must have actual or legally sufficient notice of the proceedings.

If summons has not been properly served, the court must be cautious before proceeding against the defendant.

This becomes particularly important when the plaintiff seeks an ex parte decree.

Under Order IX Rule 13 CPC, an ex parte decree may, subject to its requirements, be set aside where summons was not duly served or the defendant had sufficient cause for non-appearance.

Service of Summons and Natural Justice

Service of summons embodies the basic principle that a person should be given an opportunity to be heard before an adverse order is made.

The purpose is not merely technical.

The defendant must have a meaningful opportunity to know:

• That a suit has been filed;
• Who has filed it;
• What relief is claimed;
• When the defendant must appear.

Different Modes of Service

The detailed modes of service are contained in Order V.

Depending upon the circumstances, summons may be served through prescribed methods such as:

• Personal service;
• Service on an authorised person;
• Service through recognised postal or delivery methods;
• Electronic means where permitted by applicable rules;
• Substituted service in appropriate cases.

The exact mode depends upon the circumstances and the applicable procedural rules.

Substituted Service

Where ordinary service cannot be effected in the circumstances contemplated by Order V, the court may order substituted service, including modes such as affixation or publication.

Substituted service is not meant to be the first choice where ordinary service can reasonably be effected.

The court must follow the requirements of Order V before treating substituted service as sufficient.

Service and Ex Parte Proceedings

If the defendant fails to appear after duly served summons, the court may proceed in the manner permitted by Order IX.

The important point is:

Failure to appear after proper service is different from failure to appear because summons was never duly served.

The distinction can determine whether an ex parte decree can subsequently be challenged under Order IX Rule 13.

Section 27 and Section 28

Section 27 deals with service of summons on defendants within the ordinary procedural framework.

Section 28 deals with service of summons where the defendant resides within the jurisdiction of another court in India, subject to the statutory conditions.

Thus:

Provision	Subject
Section 27	Service of summons on defendants
Section 28	Service where defendant resides within jurisdiction of another court in India
Section 29	Service of foreign summons in certain circumstances

Important Case Law

Neerja Realtors Pvt. Ltd. v. Janglu, (2018) 2 SCC 649

Principle: The Supreme Court emphasised that substituted service cannot be ordered casually. The court must be satisfied that the conditions prescribed for such service have been met.

Relevance: The decision highlights the importance of proper compliance with the rules governing service of summons.

Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787

Principle: The Supreme Court discussed the consequences of an ex parte decree and the remedies available to a defendant, including the significance of proper service of summons.

Relevance: The case helps explain why proper service is important before proceeding against a defendant ex parte.

Practical Example

A files a recovery suit against B. After the suit is duly instituted, the court issues summons requiring B to appear on the specified date.

If the summons is properly served and B fails to appear without sufficient cause, the court may proceed under the applicable provisions of Order IX.

If B was never duly served, however, proceeding against B ex parte may give rise to a serious procedural objection.

Common Confusions

Section 27 Does Not Govern Every Detail of Service

The detailed procedure is primarily found in Order V.

Issue of Summons and Service of Summons Are Different

Issue means the court formally prepares and sends the summons.

Service means delivery of the summons to the defendant in accordance with the prescribed procedure.

Service Is Not Merely a Technical Formality

Proper service protects the defendant’s right to notice and an opportunity to defend.

Non-Appearance Does Not Always Mean Proper Service

A defendant’s absence does not by itself prove that summons was duly served.

Practical Importance in Civil Litigation

At the commencement of a suit, advocates should ensure:

• Correct addresses of defendants are provided;
• Summons is issued properly;
• The prescribed mode of service is followed;
• Proof of service is properly recorded;
• Defects in service are addressed promptly.

For defendants, checking whether summons was duly served can be important when challenging an ex parte order or decree.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 27 deals with service of summons on defendants.
• It applies after a suit has been duly instituted.
• The detailed procedure is contained in Order V CPC.
• Proper service gives the defendant notice and an opportunity to defend.
• Defective service can affect subsequent ex parte proceedings.
• Sections 27, 28 and 29 deal with different situations concerning service of summons.

Important Questions to Prepare

1. Explain the object of Section 27 CPC.
2. What is the relationship between Section 27 and Order V?
3. Why is proper service of summons important?
4. Distinguish issue of summons from service of summons.
5. What is substituted service?
6. What is the effect of failure to duly serve summons?
7. Explain the relationship between Sections 27, 28 and 29 CPC.

Key Legal Principles

1. A duly instituted suit ordinarily requires service of summons on the defendant.
2. The defendant must receive a meaningful opportunity to appear and defend.
3. Order V contains the detailed rules governing service.
4. Proper service is important before proceeding ex parte.
5. Substituted service must be used only in accordance with the prescribed requirements.

ALSO READ: Section 26 – Institution of Suits

Key Takeaways

Concept	Principle
Section	Section 27 CPC
Subject	Service of summons on defendants
Trigger	Duly instituted suit
Purpose	Notice and opportunity to defend
Detailed procedure	Order V CPC
Related sections	Sections 28 and 29
Important consequence	Proper service is relevant before ex parte proceedings
Key principle	Service of summons safeguards procedural fairness