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Table of Contents
Table of Cases..............................................................................................2
Synopsis......................................................................................................3
Chapter 1 - Issue of Summons....................................................................4
Summons to Defendant............................................................................4
Exemption from Appearance....................................................................6
Essential Contents of Summons...............................................................7
Chapter 2 - Service of Summons.................................................................9
Service by Courts.....................................................................................9
Service by Plaintif..................................................................................11
Personal or Direct Service......................................................................12
Substituted Service................................................................................15
Chapter 3 - Summons in Special Cases.....................................................20
Service of Summons in Another State....................................................20
Service of Summons in Prison................................................................21
Service of Foreign Summons..................................................................22
Service of Summons on Public Officers..................................................24
Service of summons on Soldiers, Sailors or Airmen................................25
Procedure after serving of Summons.....................................................25
Service of Summons to Persons of High Ranking...................................25
Service of summons on Corporation or Partnership Firm........................26
Conclusion.................................................................................................27
Bibliography..............................................................................................28
Books & Statutes....................................................................................28
Weblinks.................................................................................................28

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Table of Cases

Ami Chand v. Partapa..................................................................................8

Babu Ram Bhatnagar v. Satish Kumar Rawal..............................................6
Bheru Lal v. Shanti Lal.................................................................................9
Charanjit Singh Mann v. Neelam Mann......................................................14
Karnail Singh v. Dina Nath...........................................................................5
Kuldip Rai v. Sharan Singh........................................................................19
Laxmibai v. Keshrimal Jain........................................................................17
M. G. Dua v. Balli Mal Nawal Kishore.........................................................11
M/s Punjab Rural Industrial Works v. Punjab Financial Corporation.........13
Madina Dangi Multi-purpose Co-op Society, Madina v. Ral Mal....................8
Mst. Bhabia Devi v. Permanand Pd. Yadav............................................11, 17
Puwada Venkateswara v. Chindamana Venkata..........................................11
Rabindra Singh v. Financial Commissioner, Cooperation, Punjab...............19
Ram August Tewari v. Bindeshwari Tiwari..................................................19
Renu Sharma v. Titan Industries Ltd..........................................................14
Salem Advocate Bar Association (II) v. Union of India.............................9, 12
Salem Advocate Bar Association, Tamil Nadu v. Union of India.....................4
Sardar Singh v. Krishan Lal Bharti.............................................................15
Satish Construction Co. v. Allahabad Bank................................................19
Smt. Rooprani v. Prem Singh......................................................................17
Sneh Gupta v. Devi Sarup............................................................................6
State of J&K v. Haji Wali Mohammed.........................................................18
Subodh S. Salaskar v. Jayprakash M. Shah.................................................9
Sumitra Bai v. Shyam Lal Sen....................................................................14
Sunil Poddar v. Union Bank of India...........................................................19

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Synopsis
Introduction
The concept of Summons is an important subject matter of the CPC. When the
plaintiff files a suit, the defendant has to be informed that the suit, the defendant has to be
informed that the suit has been filed against him, and that he is required to appear in the court
to defend it. The intimation which is sent to the defendant by the court is technically known
as Summons. Summons is a document issued from the office of a court of justice, calling
upon the person to whom it is directed to attend before a judge or office of the court for a
certain purpose.1

Research Questions
1. According to which provisions of the Code of Civil Procedure, 1908, summons is
issued to defendants?
2. How summons are served to the parties directly and in special circumstances?

Research Methodology
A descriptive and doctrinal research methodology was used for this project.
Concerned statute and books of renowned authors were looked into for the compilation of the
present study. Several websites were looked into for understanding the concept of present
study. Moreover various articles and case laws were referred inorder to clear the law point at
the present time. Referring to all the primary and secondary material mentioned above, the
present study has been compiled and presented to the concerned.

Chapterisation Scheme
Chapter 1 Issue of Summons
Chapter 2 Service of Summons
Chapter 3 Summons in Special Cases

1 Earl Jowitt, The Dictionary of English Law (1972), p. 1700.

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Chapter 1 - Issue of Summons

A summons is a court order that notifies a defendant that a lawsuit has been filed
against him or her and that the defendant must file an answer within a specified number of
days. The summons is the document that officially starts a lawsuit. The importance of service
of summons, in whatever way it may be effected, is that the defendant may be informed of
the institution of the suit in due time before the date fixed for the hearing and to extend him
an opportunity to resist the suit where the defendant is not served with summons, the mere
fact that he had no knowledge of the suit is immaterial. Issue of Summons is a fundamental
rule of procedure. A party must have a fair and reasonable notice of the legal proceedings
initiated against him, so that he can defend himself.2

Summons to Defendant
S. 27 of the Code of Civil Procedure, 1908, reads as follows:27. Summons to defendants.- Where a suit has been duly instituted, a
summons may be issued to the defendant to appear and answer the claim
and may be served in manner prescribed [on such day not beyond thirty
days from date of the institution of the suit].3
The words on such date not beyond thirty days from the date of the institution of the
suit do not mean that the summons must be served within thirty days of the date of the
institution of the suit. The words added by amendment, fix outer time frame, by providing,
that steps must be taken within thirty days from the dare of the institution of the suit, to issue
summons. In other words, if the suit is instituted, for example, on 1st Jan, 2002 then the
correct addresses of the defendants and the process fee must be filed in the court within thirty
days so that summons be issued by the court not beyond thirty days from the date of the
institution of the suit.4 The object is to avoid long delay in issue of summons for want of steps
2 http://www.assignmentpoint.com/arts/law/the-code-of-civil-procedure-1908lecture-05.html as assessed on 19.10.2014 at 3:45 P.M.
3 Added by Act No. 46 of 1999, section 3 (w.e.f. 1-7-2002).
4 Mulla, The Code of Civil Procedure, 17th ed., LexisNexis Butterworths
Publications, Delhi, 2007 at p. 555.

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by the plaintiff. It is quite evident that if all that is required to be done by a party, has been
performed within the period of thirty days, then no fault can be attributed to the party.5
Order 5 of the Code deals with summons to defendant. When a suit has been duly
filed by presentation of a plaint, the courts must issue summons to the defendants calling
upon him to appear and answer the claim of the plaintiff by filing a written statement within
thirty days from the date of service of summons and such summons issued by the court must
be accompanied by the copy of the plaint. 6 Such procedure has been duly provided for in rule
1 and 2 of order 5. They read as follows:Rule 1. Summons- (1) When a suit has been duly instituted, summons may be issued
to the defendant to appear and answer the claim and to file the written statement of his
defence, if any, within thirty day from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the
presentation of plaint and admitted the plaintiffs claim;
Provided further that where the defendant fails to file the written statement within the
said period of thirty day, he shall be allowed to file the same on such other days as may be
specified by the Court, for reasons to be recorded in writing, but which shall not be later
than ninety days from the date of service of summons.
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear
(a) in person, or (b) by a pleader duly instructed and able to answer all material questions
relating to the suit, or (c) by pleader accompanied by some person able to answer all such
questions.
(3) Every such summons shall be signed by the Judge or such officer as he appoints,
and shall be sealed with the seal of the court.
Rule 2. Copy of plaint annexed to summons - Every summons shall be accompanied
by a copy of the plaint.
In Karnail Singh v. Dina Nath,7 it was said that it is the requirement of law that
summons must be accompanied by the copy of the plaint and unless it is done, mere
5 Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2003 SC
189.
6 http://en.wikipedia.org/wiki/Summons#Judicial_summons as assessed on
19.10.2014 at 2:00 P.M.

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presentation of summon without copy is no service. Hence, if the plaint was not presented
along with the summons, it cannot be said that there was due service. Due Service means
service of summons along with the plaint. Word due has not been superfluously used by the
legislature but attachment of copy of complaint or concise statement thereof along with
summons is mandatory.8
In another case of Sneh Gupta v. Devi Sarup,9 summons were served on the party after
the date fixed in the suit had expired. The Honble Supreme Court held that the court, in this
situation, had a legal obligation to serve another summons fixing another date of hearing in
terms of order 5 rule 2 of the CPC.

Exemption from Appearance

A defendant to whom summons have been issued may appear in various ways as
provided in R. 1(2) of Or. 5. Further R. 3 of the same states that the court may order the
defendant or plaintiff to appear in person. It reads as follows:Rule 3. Court may order defendant or plaintiff to appear in person - (1) Where the
court sees reason to require the personal appearance of the defendant, the summons shall
order him to appear in person in court on the day therein specified.
(2) Where the court sees reason to require the personal appearance of the plaintiff on
the same day, it shall make an order for such appearance.
But R. 4 provides for various limitations to the above said rules exempting the
defendants to appear in person. It reads as:Rule 4. No party to be ordered to appear in person unless resident within certain
limits - No party shall be ordered to appear in person unless he resides,
(a) within the local limits of the Courts ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or (where there is railway or steamer
communication or other established public conveyance for five-sixths of the distance

7 1985(2) 88 PLR 477.

8 Babu Ram Bhatnagar v. Satish Kumar Rawal, 1992(1) RRR 35 (P&H).
9 2009(2) RCR(Civil) 129 SC

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between the place where he resides and the place where the court is situate) less than two
hundred miles distance from the court house.
R. 4 states that no party shall be ordered to appear in person, unless he resides:a) within the local limits of the Courts ordinary original jurisdiction, or
b) outside such limits but at a place less than 50 or (where there is railway or steamer
communication or other established public conveyance for five-sixths of the distance
between the place where he resides and the place where the court is situate), less than
200 miles distance from the court house.10
Further, S. 132 of the code exempts a woman, to appear in person, if she is not
appearing in public according to the customs and manners of the country.11
Furthermore, S. 133 states that no one shall be ordered to appear in person if he falls
in the category of persons exempted from personal appearance in Court viz., (i) the President
of India, (ii) the Vice-President of India, (iii) the Speaker of the House of the People, (iv) the
Ministers of the Union, (v) the Judges of the Supreme Court, (vi) the Governors of States and
the Administrators of Union territories, (vii) the Speakers of the State Legislative Assemblies,
(viii) the Chairman of the State Legislative Councils, (ix) the Ministers of States, (x) the
Judges of the High Courts, and (xi) rulers of any former Indian States to whom section 87-B,
viz., in relation to a suit based upon a cause of action which arose before commencement of
the Constitution, i.e., 26th January, 1950.12

Essential Contents of Summons

Every summons shall:1. Intimate to the defendant of the date of hearing and whether he is to appear in person or
by a pleader.
2. Contain a direction whether the date is fixed for settlement of issues only or final
disposal of the suit.

10 Tandon M. P., The Code of Civil Procedure, 1908, 26th ed., Allahabad Law
Agency, Faridabad, 2008 at p. 151.
11 S. 132, The Code of Civil Procedure, 1908.
12 S. 133, The Code of Civil Procedure, 1908.

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3. Order the defendant to produce all documents in his possession or power upon which he
intends to rely in support of his case.13
R. 5-8 of Or. 5 deals with various essentials of the summons. They read as follows:Rule 5. Summons to be either to settle issues or for final disposal - The court shall
determine, at the time of issuing the summons, whether it shall be for the settlement of
issues only, or for the final disposal of the suit; and the summons shall contain a direction
accordingly:
Provided that, in every Suit heard by a court of small causes, the summons shall be for
the final disposal of the suit.
Rule 6. Fixing day for appearance of defendant - The day under sub-rule (1) of rule 1
shall be fixed with reference to the current business of the court; the place of residence of
the defendant and the time necessary for the service of the summons; and the day shall be
so fixed as to allow the defendant sufficient time to enable him to appear and answer on
such day.
Expression Sufficient Time had been defined in the case of Madina Dangi Multipurpose Co-op Society, Madina v. Ral Mal,14 it was said that the term Sufficient Time
contemplates a reasonable time to enable the party to appear and answer before the court on
date so fixed in summons. But in Ami Chand v. Partapa,15 it was held that mere short notice
does not mean the defendant need not appear. If he feels the time is short to file written reply,
he can only request the court after appearance.
Rule 7. Summons to order defendant to produce documents relied on by him - The
summons to appear and answer shall order the defendant to produce all documents or
copies thereof specified in rule 1A of Order VIII in his possession or power upon which
he intends to rely in support of his case.
Rule 8. On issue of summons for final disposal, defendant to be directed to produce
his witnesses - Where the summons is for the final disposal of the suit, it shall also direct
13 Supra 10.
14 2001(4) RCR(Civil) 322(P&H)
15 2003(1) RCR(Civil) 616(P&H)

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the defendant to produce, on the day fixed for his appearance, all witnesses upon whose
evidence he intends to rely in support of his case.
Accordingly, a summon in a small cause court suit shall be for final disposal and shall
direct the defendant to produce his witnesses on the date fixed upon whose evidence he
intends to rely in support of his case.

Chapter 2 - Service of Summons

The service of summons is of primary importance as it is a fundamental rule of law of
procedure that a party must have a fair and reasonable notice of the legal proceedings
initiated against him so that he can defend himself.16
In Bheru Lal v. Shanti Lal,17 it was held that an objection as to service of summons
should be raised at the earliest possible opportunity. If it is not taken at that stage, it is
deemed to have been waived.
The problem of service of summons is one of the major causes of delay in the
progress of the suit. It is common knowledge that defendants try to avoid service of
summons. The Law commission considered the problem and it was felt that certain
amendments were necessary in that direction and a defendant can be served by a plaintiff or
through modern means of communication. Accordingly, amendments were made in the
court.18
The Code prescribes few principal modes of serving a summons to a defendant, as
discussed below:16 Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014
at p. 251.
17 AIR 1985 Raj. 53
18 Salem Advocate Bar Association (II) v. Union of India, (2005)6 SCC 344.

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Service by Courts
A bare perusal of Order V, Rule 9, CPC clearly shows that service through process of
court is mandatory. Summons to defendant residing within or outside the jurisdiction of the
court shall be served through court officer or approved courier service or various other means
such as registered post, speed post, fax, acknowledgment due, etc. 19 Further, summons is
presumed to be served if it does not back within thirty days from the date of issue. 20 In this
regard, R. 9 reads as follows:Rule 9. Delivery of summons by Court - (1) Where the defendant resides within the
jurisdiction of the Court in which the suit is instituted, or has an agent resident within that
jurisdiction who is empowered to accept the service of the summons, the summons shall,
unless the Court otherwise directs, be delivered or sent either to the proper officer to be
served by him or one of his subordinates or to such courier services as are approved by
the Court.
(2) The proper officer may be an officer of a Court other than that in which the suit is
instituted, and where he is such an officer, the summons may be sent to him in such
manner as the Court may direct.
(3) The services of summons may be made by delivering or transmitting a copy
thereof by registered post acknowledgment due, addressed to the defendant or his agent
empowered to accept the service or by speed post or by such courier services as are
approved by the High Court or by the Court referred to in sub-rule (1) or by any other
means of transmission of documents (including fax message or electronic mail service)
provided by the rules made by the High Court:
Provided that the service of summons under this sub-rule shall be made at the
expenses of the plaintiff.
(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides
outside the jurisdiction of the court in which the suit is instituted, and the Court directs
that the service of summons on that defendant may be made by such mode of service of
summons as is referred to in sub-rule (3) (except by registered post acknowledgment
due), the provisions of Rule 21 shall not apply.
19 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 781.
20 Subodh S. Salaskar v. Jayprakash M. Shah, 2008(3) RCR(Civil) 905 SC.

P a g e | 12

(5) When an acknowledgment or any other receipt purporting to be signed by the

defendant or his agent is received by the Court or postal article containing the summons is
received back by the Court with an endorsement purporting to have been made by a
postal employee or by any person authorised by the courier service to the effect that the
defendant or his agent had refused to take delivery of the postal article containing the
summons or had refused to accept the summons by any other means specified in sub-rule
(3) when tendered or transmitted to him, the Court issuing the summons shall declare that
the summons had been duly served on the defendant:
Provided that where the summons was properly addressed, pre-paid and duly sent by
registered post acknowledgment due, the declaration referred to in this sub-rule shall be
made notwithstanding the fact the acknowledgment having been lost or mislaid, or for
any other reason, has not been received by the Court within thirty days from the date of
issue of summons.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of
courier agencies for the purposes of sub-rule (1).
R. 9(3) gives power to courts to serve the summons via registered post but such power
is limited to an extent only. In M. G. Dua v. Balli Mal Nawal Kishore,21 it was held that
summons can be sent by registered post only in the first instance. If any other mode of service
is tried in the first instance and if it fails to yield any fruitful result, it is not open to courts to
endeavor to effect service on the defendants by registered post.
R. 9 also states that where the defendant refuses to accept the summons, he is deemed
to have been served.22 Similarly, where an acknowledgement or receipt purported to have
been signed by the defendant is received by the court that the defendant has refused to take
the delivery of the summons, the court will proceed treating the defendant as served.23

21 AIR 1959 Punjab 467.

22 Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014
at p. 255.
23 Puwada Venkateswara v. Chindamana Venkata, (1976)2 SCC 409.

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In the matter of Mst. Bhabia Devi v. Permanand Pd. Yadav,24 the ex parte decree was
held to be rightly passed where the defendant refused to put her sign or thumb impression on
summons when they were handed to her and she also refused to acknowledge the registered
service.

Service by Plaintif
The court may also permit services of summons by the plaintiff in addition to service
of summons by the court. R. 9A talks about the summons given to plaintiff for service. It
reads as follows:Rule 9A. Summons given to the plaintiff for service - (1) The Court may, in addition
to the service of summons under Rule 9, on the application of the plaintiff for the issue of
a summons for the appearance of the defendant, permit such plaintiff to effect service of
such summons on such defendant and shall, in such a case, deliver the summons to such
plaintiff for service.
(2) The service of such summons shall be effected to or on behalf of such plaintiff by
delivering or tendering to the defendant personally a copy thereof signed by the Judge or
such officer of the Court as he may appoint in this behalf and sealed with the seal of the
Court or by such mode of service as is referred to in sub-rule (3) of rule 9.
(3) The provisions of Rules 16 and 18 shall apply to a summons personally served
under this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign
an acknowledgment of service or for any reason such summons is not be served
personally, the Court shall, on the application of the party, re-issue such summons to be
served by the Court in the same manner as a summons to a defendant.
In Salem Advocate Bar Association (II) v. Union of India,25 the court was of opinion
that though there can be no objection in giving an opportunity to the plaintiff to serve
summons on the defendant, there should be sufficient safeguards to avoid false report of
service of summons. High Court should make appropriate rules or issue practice directions to
ensure that the provisions are properly implemented and there is no abuse of process of law.
24 AIR 1997 SC 1919.
25 (2005)6 SCC 344.

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Personal or Direct Service

The actual delivery of the legal documents is done by a non-interested process server,
who is not a party to the litigation. The process server must be an adult, and they usually
serve legal documents as a profession.26 Rules 10-16 and 18 of Order V of the Code deals
with personal or direct service of summon upon the defendant. This is an ordinary mode of
service of summons. R. 10 and 11 are the basic rules which need to be followed as a
compulsory requirement in almost all types of services mentioned in order V. They read as
follows:Rule 10. Mode of service - Service of the summons shall be made by delivering or
tendering a copy thereof signed by the Judge or such officer as he appoints in this behalf,
and sealed with the seal of the court.
Rule 11. Service on several defendants - Save as otherwise prescribed, where there
are more defendants than one, service of the summons shall be made on each defendant.
Further, Rule 12 of Order V enjoins that wherever it was practicable, service should
be made on the person concerned unless the person has an agent empowered to accept
service. Thus the requirement under law was that attempt should be made to serve notice
personally on the party unless there was an agent empowered to accept service.27
Rule 12. Service to be on defendant in person when practicable, or on his agent
- Wherever it is practicable, service shall be made on the defendant in person, unless he
has an agent empowered to accept service, in which case service on Such agent shall be
sufficient.
In the matter of M/s Punjab Rural Industrial Works v. Punjab Financial
Corporation,28 it was said that Rules 10 and 12 of order 5 lay down the mode and method of

26 http://research.lawyers.com/process-serving.html as assessed on 19.10.2014

at 4:00 P.M.
27 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 785.
28 1985(2) 88 PLR 640

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service. As per these rules, the service has to be effected on the person concerned when
practicable and that too by tendering the copy of summons to him.
Rules 13 and 14 relate to service of summons on an agent in certain circumstances.
They are as follows:Rule 13. Service on agent by whom defendant carries on business - (1) In a Suit
relating to any business or work against a person who does not reside within the local
limits of the jurisdiction of the court from which the summons is issued, service on any
manager or agent, who, at the time of service, personally carries on such business or work
for such person within such limits, shall be deemed good service.
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of
the owner or charterer.
It states that in a suit relating to any business or work, against a person not residing
within the jurisdiction of the court issuing the summons, service on any manager or agent
carrying on such business or work is sufficient. Sub-rule (2) further clarifies that the master
of a ship is the agent of the owner.
Rule 14. Service on agent in charge in suits for immovable property - Where in a suit
to obtain relief respecting, or compensation for wrong to, immovable property, service
cannot be made on the defendant in person, and the defendant has no agent empowered to
accept the service, it may be made on any agent of the defendant in charge of the
property.
It states that in a suit for immovable property service may be made on an agent in
charge of the property if the service cannot be made on the defendant personally and the
defendant has no agent empowered to accept the service.
Order V, Rule 15 of the Code empowers the process server to serve summons on any
adult male member of the family, if the party was found to be absent when service of
summons is sought to be effected on him at his residence and there is no likelihood of the
party being found at the residence within reasonable time and he has no agent empowered to
accept service. It reads as:Rule 15. Where service may be on an adult member of defendants family - Where in
any suit the defendant is absent from his residence at the time when the service of

P a g e | 16

summons is sought to be effected on him at his residence and there is no likelihood of his
being found at the residence within a reasonable time and he has no agent empowered to
accept service of the summons on his behalf, service may be made on any adult member
of the family, whether male or female, who is residing with him.
Explanation: A Servant is not a member of his family within the meaning of this rule.
However, while effecting service under the above stated rule, process server has to
record a specific finding that the party was absent from his residence and there was no
likelihood of the party being found at the residence within reasonable time. The service can
be effected only on an adult member of the family of the party. Process server has therefore,
to take care and caution on noting down the name and details of the adult member of the
family.29
In the matter of Charanjit Singh Mann v. Neelam Mann,30 the appellant was not found
at his residence and his father informed the process-server that the appellant had gone abroad.
The appellant's father did not disclose as to how soon the appellant would come back from
abroad. In these peculiar facts and circumstances, the Honble Court said that it can be safely
inferred that the summons could not have been served upon the appellant personally within a
reasonable time, therefore, service of notice upon the appellant's father, who admittedly
received the summons, squarely falls within the safeguards of Rule 15 of Order V, CPC and
has to be treated as a valid service upon the appellant.
Further, in Sumitra Bai v. Shyam Lal Sen,31 summons were to be served on adult son
of the party. Son was residing elsewhere and not with the father. It was held that it is no
service as Order 5, Rule 15 provides that the summons may be served on any adult member
of the family who is residing with the addressee.
All types of personal services mentioned above are also called direct service because
service is made by delivering a copy thereof to the defendant personally, or to an agent or
other person on his behalf and the signature of the person to whom the copy is so delivered is

29 Renu Sharma v. Titan Industries Ltd., AIR 2007 Del 151 at 153.
30 AIR 2006 P&H 201 at 208.
31 (2010)5 RCR(Civil) 129(MP) (Jabalpur Bench)

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obtained to an acknowledgement of service endorsed on the original summons. 32 Such

statement is supported by R. 16 of order V which reads as follows:Rule 16. Person served to sign acknowledgement - Where the serving officer delivers
or tenders a copy of the summons to the defendant personally, or to an agent or other
person on his behalf, he shall require the signature of the person to whom the copy is so
delivered or tendered to an acknowledgement of service endorsed on the original
summons.
When the acknowledgement signed by the defendant or his agent is received by the
court, the court issuing the summons has to declare that due service has been effected on the
defendant.33
Thereafter, the serving officer must make an endorsement on the original summons
stating the time and manner of service thereof and the name and address of the person, if any,
identifying the person served and witnessing the delivery or tender of summons as required
by R. 18.
Rule 18. Endorsement of time and manner of service - The serving officer shall, in all
cases in which the summons has been served under rule 16, endorse or annex, or cause to
be endorsed or annexed, on or to the original summons, a return stating the time when and
the manner in which the summons was served, and the name and address of the person (if
any) identifying the person served and witnessing the delivery or tender of the summons.

Substituted Service
Substituted Service means the service of summons by a mode which is substituted
for the ordinary mode of service of summons. In many jurisdictions, service of process may
also be accomplished through substituted service if the party to be served is unavailable.
There two modes of substituted service such as:
1. Where the defendant refuses to accept the summons or cannot be found, and

32 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,

Ahmadabad, 2009.
33 Sardar Singh v. Krishan Lal Bharti, 2004(4) RCR(Civil) 716.

P a g e | 18

2. Where the court is satisfied that the party is avoiding the summons or the summons
cannot be served in the ordinary manner.34
Order V, Rule 17 of the Code deals with the first case while Rule 20 with the second.
Both the cases are discussed below:Rule 17. Procedure when defendant refuses to accept service, or cannot be found
- Where the defendant or his agent or such other person as aforesaid refuses to sign the
acknowledgment, or where the serving officer, after using all due and reasonable
diligence, cannot find the defendant, who is absent from his residence at the time when
service is sought to be effected on him at his residence and there is no likelihood of his
being found at the residence within a reasonable time and there is no agent empowered to
accept service of the summons on his behalf, nor any other person on whom service can
be made, the serving officer shall affix a copy of the summons on the outer door or some
other conspicuous part of the house in which the defendant ordinarily resides or carries on
business or personally works for gain, and shall then return the original to the court from
which it was issued, with a report endorsed thereon or annexed thereto stating that he has
so affixed the copy, the circumstances under which he did so, and the name and address
of the person (if any) by whom the house was identified and whose presence the copy
was affixed.
It states that where the defendant or his agent or in their absence an adult member of
the family refuses to sign the acknowledgement or where the serving officer cannot find the
defendant who is absent from his residence at the time when service is sought to be effected
on him at his residence and there is no likelihood of his being found at the residence within a
reasonable time and there is no such other person on whom service can be effected, the
serving officer shall affix a copy of the summons on the outer door or some other
conspicuous part of the house in which the defendant ordinarily resides or carries on
business, and shall then return the original to the court from which it was issued, with a report
endorsed thereon, stating that he has so affixed the copy, the circumstances under which he
did so, and the name and address of the person (if any) by whom the house was identified and
in whose presence the copy was affixed. If the Court is satisfied, it declares the service to
have been duly effected.
34 Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014
at p. 253.

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A simple delivery of the copy of the summons personally to the defendant is not
complete, the process-server, must, in order to make the service complete, also obtain the
signature of the defendant to its acknowledgement and where he refuses to sign, it is
incumbent to effect service under rule 17.
In Smt. Rooprani v. Prem Singh,35 it was held that in a civil suit where summons were
issued to defendants to appear which had been refused by the party will not amount to be a
valid service unless and until a copy of the summons is affixed on the outer door or some
other conspicuous part of the house in which the defendant resides or carries on business.
In the matter of Mst. Bhabia Devi v. Permanand Pd. Yadav,36 it was held that where
the defendant refused to put her sign of thumb impression on summon when they were
handed to her and also refused to acknowledge the registered service, it is indicative of
refusal to accept notice and in such circumstances passing of ex parte decree is justified.
Further, Rule 19 is in addition to the mode of service incorporated in Rule 17. This
rule keeps the check on the genuineness of the serving of summons as per rule 17. It reads
as:Rule 19. Examination of serving officer - Where a summons is returned under rule
17, the court shall, if the return under that rule has not been verified by the affidavit of the
serving officer, and may, if it has been so verified, examine the serving officer on oath, or
cause him to be so examined by another Court, touching his proceedings, and may make
such further enquiry in the matter as it thinks fit, and shall either declare that the
summons has been duly served or order such service as it thinks fit.
It states that if the court is satisfied, either on the affidavit of serving officer or on his
examination on oath, that the summons has been duly served, it may either declare that the
summons has been duly served or may further enquire in the matter as it thinks fit. Thus, in
the mode of service of summons as provided by rule 17, the service is effected without the
orders of the court by affixing the copy of the summons on the house of the defendant and
therefore the declaration by the court about the due service of summons is essential.37

35 2008(4) RCR(Civil) 8(MP)(Jabalpur Bench)

36 AIR 1997 SC 1919.

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In the matter of State of J&K v. Haji Wali Mohammed,38 it was held that if the
provisions of Rule 19 have not been complied with, the service of summons cannot be said to
be in accordance with law.
Further, Rule 20 deals with the second case i.e. where the court is satisfied that the
party is avoiding the summons or the summons cannot be served in the ordinary manner. In
this situation, Code prescribes various other alternatives as provided for in rule 20. It reads
as:Rule 20. Substituted service - (1) Where the court is satisfied that there is reason to
believe that the defendant is keeping out of the way for the purpose of avoiding service,
or that for any other reason the summons cannot be served in the ordinary way, the court
shall order the summons to be served by affixing a copy thereof in some conspicuous
place in the court house, and also upon some conspicuous part of the house (if any) in
which the defendant is known to have last resided or carried on business or personally
worked for gain, or in such other manner as the court thinks fit.
(1A) Where the court acting under sub-rule (1) orders service by an advertisement in a
newspaper, the newspaper shall be a daily newspaper circulating in the locality in which
the defendant is last known to have actually and voluntarily resided, carried on business
or personally worked for gain.
(2) Effect of substituted serviceService substituted by order of the court shall be as
effectual as if it had been made on the defendant personally.
(3) Where service substituted, time for appearance to be fixedWhere service is
substituted by order of the Court, the Court shall fix such time for the appearance of the
defendant as the case may require.
Rule 20(1), provides that where the Court is satisfied that there was reason to believe
that the defendant is keeping out of the way for the purpose of avoiding service, or that for
any other reason the summons could not be served in the ordinary way, the Court shall order
the summons to be served by affixing a copy thereof in some conspicuous place in the Courthouse, and on the house where the defendant was known to have last resided. Sub-rule 1(A)
provides that where the Court acting under sub-rule (1) orders service by an advertisement in
37 Laxmibai v. Keshrimal Jain, AIR 1995 MP 178.
38 AIR 1972 SC 2538 at 2543

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a newspaper, it has to be a daily newspaper circulated in the locality in which the defendant is
last known to have actually and voluntarily resided. 39 Such service is an effective service ,
even if the defendant is not the subscriber of the newspaper or is not reading it.40
Under Rule 20, the service of summons is effected by the order of the court only after
the court is satisfied that the defendants avoids the service of summons or it cannot be served
in the ordinary way.41 Such satisfaction must be recorded by court in writing. 42 Substituted
service is as effective as personal service. The court must fix a time for the appearance of the
defendant and give him a reasonable time to appear before the court.
In Rabindra Singh v. Financial Commissioner, Cooperation, Punjab,43 it was held that
substituted mode of service cannot be used where defendant is residing in America.
Substituted mode of service is permissible in law but such substituted mode of service in the
change, be sufficient. A purported service by beat of drums of publication of notice in a local
newspaper which has no circulation in USA cannot be said to be an effective service.
In the matter of Satish Construction Co. v. Allahabad Bank,44 the Honble Court held
that the trial Court committed breach of the mandatory provisions of Order V, Rule 20 in
directing publication of the notice. Firstly, because it did not record its satisfaction and
secondly because it did not order affixture of the copy of summons in conspicuous place in
the Court-house. It was trite law that service would be deemed to be valid if the order
preceding the service was in accordance with law. It was not only the service which is
required to be proved but the party relying upon the substituted service has to prove that the
Order directing substituted service was also in accordance with law. The trial Court, in the
39 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 794.
40 Sunil Poddar v. Union Bank of India, (2008)2 SCC 326.
41 Ram August Tewari v. Bindeshwari Tiwari, AIR 1972 Pat 142.
42 Kuldip Rai v. Sharan Singh, AIR 1989 P&H 319.
43 2008(3) RCR(Civil) 929 SC.
44 AIR 1999 MP 21.

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opinion of the Court, was not justified in rejecting the application for setting aside ex parte
decree.

Chapter 3 - Summons in Special Cases

There are many type cases where summons cannot be served ordinarily or via any
other procedure as described above. For such type of cases S. 28-29 and Order V, Rules 21-30
of the Code can be dealt with. To study them clearly, they have been categorized into various
categories as discussed below.

Service of Summons in Another State

S. 28 and Rules 21-23, Order V of the code particularly deals with the service
summons to the defendants residing in another state. S. 28 reads as:28. Service of summons where defendant resides in another State - (1) A
summons may be sent for service in another State to such Court and in such
manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof,
proceed as if it had been issued by such Court and shall then return the
summons to the Court of issue together with the record (if any) of its
proceedings with regard thereto.
[(3) Where the language of the summons sent for service in another State is
different from the language of the record referred to in sub-section (2), a
translation of the record, (a) in Hindi, where the language of the Court issuing
the summons is Hindi, or (b) in Hindi or English where the language of such
record is other than Hindi or English, shall also be sent together with the
record sent under that sub-section].45
45 Ins. by Act No. 104 of 1976, sec. 12 (w.e.f. 1-5-1977).

P a g e | 23

It states that where the defendant resides within the jurisdiction of another court or in
another state, the summons may be sent to the court where he resides. Such court will serve
summons on the defendant.46 Further, Rule 21 of Order V describes various modes of serving
the summons. It reads as:Rule 21. Service of summons where defendant resides within jurisdiction of another
court - A summons may be sent by the court by which it is issued, whether within or
without the State, either by one of its officers or by post or by such courier service as may
be approved by the High Court, by fax message or by electronic mail service or by any
other means as may be provided by the rules made by the High Court to any court (not
being the High Court) having jurisdiction in the place where the defendant resides.
It is a mandatory rule that service outside jurisdiction can only be done by an officer
of the court with an order from a court having jurisdiction over the place where he resides.
Rule 21 lays down that a summons may be sent by the court by which it is issued, whether
within or without the State, either by one of its officers or by post to any court (not being the
High Court) having jurisdiction in the place where the defendant resides.
Moving to another case, Rule 22 deals with service within the Presidency Towns. It
states that where the summons is to be served within the Presidency Towns of Bombay,
Madras and Calcutta, it may be sent to the court of Small Causes within whose jurisdiction it
is to be served. It reads as:Rule 22. Service, within presidency towns, of summons issued by courts outside
- Where a summons issued by any court established beyond the limits of the towns of
Calcutta, Madras and Bombay is to be served within any such limits, it shall be sent to the
court of small causes within whose jurisdiction it is to be served.
Further, Rule 23 casts a duty upon the court receiving the summons to be served to
proceed as if the summons had been originally issued by the said court and then will return
the summons with the record of proceedings (if any) to the court who issued them. It reads
as:Rule 23. Duty of court to which summons is sent - The court to which a summons is
sent under rule 21 or rule 22 shall, upon receipt thereof, proceed as if it had been issued
46 Mulla, The Code of Civil Procedure, 17th ed., LexisNexis Butterworths
Publications, Delhi, 2007 at p. 556.

P a g e | 24

by such court and shall then return the summons to the court of issue, together with the
record (if any) of its proceedings with regard thereto.

Service of Summons in Prison

Rule 24 of Order V of the Code states that where the defendant is confined in prison,
the summons shall be delivered or sent by post or otherwise to the officer in charge of the
prison for service on the defendant.47 The court shall take judicial notice of the signature of
the jailor on its return. It reads as:Rule 24. Service on defendant in prison - Where the defendant is confined in a prison,
the summons shall be delivered or sent or by post or by such courier service as may be
approved by the High Court, by fax message or by electronic mail service or by any other
means as may be provided by the rules made by the High Court) to the officer in charge
of the prison for service on the defendant.

Service of Foreign Summons

Services of foreign summons may be effected by sending them to the courts in the
territories in which the provisions of this code apply and served as if they were summonses
issued by such courts.48 S. 29 of the code enlightens this principle and reads as follows:29. Service of foreign summonses.- [Summons and other processes issued by(a) any Civil or Revenue Court established in any part of India to which the
provisions of this Code do not extent, or
(b) any Civil or Revenue Court established or continued by the authority of
the Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central
Government has, by notification in the Official Gazette, declared the
provisions of this section to apply,

47 http://www.indianlawcases.com/The.Code.of.Civil.Procedure.1908-742 as
assessed on 20.10.2014 at 11:00 A.M.
48 Mulla, The Code of Civil Procedure, 17th ed., LexisNexis Butterworths
Publications, Delhi, 2007 at p. 556.

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may be sent to the Courts in the territories to which this Code extends, and
served as if they were summonses issued by such Courts.] 49
Further, Rule 25 of Order V of the code states that where the defendant resides out of
India and has no agent in India empowered to accept service, the summons shall be addressed
to the defendant at the place where he is residing and sent to him by post, if there is postal
communication between such place and the place where the court is situate. Provision to rule
25 also provides for procedure relating to serving of summons on defendant residing in
Bangladesh or Pakistan. It reads as:Rule 25. Service on defendant resides out of India and has no agent - Where the
defendant reside out of India and has not agent in India empowered to accept service, the
summons shall be addressed to the defendant at the place where he is residing and sent to
him or by post or by such courier service as may be approved by the High Court, by fax
message or by electronic mail service or by any other means as may be provided by the
rules made by the High Court, if there is postal communication between such place and
the place where the court is situate:
Provided that where any such defendant resides in Bangladesh or Pakistan, the
summons, together with a copy thereof, may be sent for service on the defendant, to any
court in that country (not being the High Court) having jurisdiction in the place where the
defendant resides:
Provided further that where any such defendant is a public officer in Bangladesh or
Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval
or air forces) or is a servant of a railway company or local authority in that country, the
summons, together with a copy thereof, may be sent for service on the defendant to such
officer or authority in that country as the Central Government may, by notification in the
Official Gazette, specify in this behalf.
The rule relating to service on defendants residing in Pakistan was added by the
Amending Act XIX of 1951. This amendment aims at implementing the agreement entered
into with the Pakistan Government on reciprocal basis. Bangladesh has been included in the
rule by the Amendment Act, 1976.

49 Subs. by Act 2 of 1951, sec. 6, for section 29 (w.e.f. 1-4-1951).

P a g e | 26

Rule 26 and 26A of Order V provides that where the defendant resides in foreign
country, the service of summons may also be effected through the political agent there or a
court established there or to an officer of the government with authority to serve summons in
addition to the provisions mentioned above.50 They read as follows:Rule 26. Service in foreign territory through political agent or court Where (a) in
the exercise of any foreign jurisdiction vested in the Central Government, a political agent
has been appointed, or a court has been established or continued, with power to serve a
summons, issued by a court under this Code, in any foreign territory in which the
defendant actually and voluntarily resides, carries on business or personally works for
gain, or
(b) the Central Government has, by notification in the Official Gazette, declared, in
respect of any court situate in any such territory and not established or continued in the
exercise of any such jurisdiction as aforesaid, that service by such court of any summons
issued by a court under this Code shall be deemed to be valid service, the summons may
be sent to such political agent or court, by post, or otherwise, or if so directed by the
Central Government, through the Ministry of that Government dealing with foreign
affairs, or in such other manner as may be specified by the Central Government for the
purpose of being served upon the defendant; and, if the political agent or court returns the
summons with an endorsement purporting to have been made by such political agent or
by the Judge or other officer of the court to the effect that the summons has been served
on the defendant in the manner hereinbefore directed, such endorsement shall be deemed
to be evidence of service.
Rule 26A. Summonses to be sent to officers of foreign countries - Where the Central
Government has, by notification in the Official Gazette, declared in respect of any foreign
territory that summonses to be served on defendants actually and voluntarily residing or
carrying on business or personally working for gain in that foreign territory may be sent
to an officer of the government of the foreign territory specified by the Central
Government, the summonses may be sent to such officer, through the Ministry of the
Government of India dealing with foreign affairs or in such other manner as may be
specified by the Central Government; and if such officer returns any such summons with
50 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 801.

P a g e | 27

an endorsement purporting to have been made by him that the summons has been served
on the defendant, such endorsement shall be deemed to be evidence of service.

Service of Summons on Public Officers

Rule 27 states that where the defendant is a public officer (not belonging to the Indian
military, naval or air forces) or is a servant of a railway company or local authority, the court
may send the summons for service on the defendant to the head of the office in which he is
employed, together with a copy to be retained by the defendant. Rule 27 reads as:Rule 27. Service on civil public officer or on servant of railway company or local
authority -Where the defendant is a public officer (not belonging to the Indian military
naval or air forces, or is the servant of a railway company or local authority, the court
may, if it appears to it that the summons may be most conveniently so served, send it for
service on the defendant to the head of the office in which he is employed together with a
copy to be retained by the defendant.

Service of summons on Soldiers, Sailors or Airmen

Rule 28 states that where the defendant is a soldier, sailor or airman, the court shall
send the summons to his commanding officer for service together with a copy to be retained
by the defendant. It reads as:Rule 28. Service on soldiers, sailors or airmen - Where the defendant is a soldier,
sailor or airman, the court shall send the summons for service to his commanding officer
together with a copy to be retained by the defendant.

Procedure after serving of Summons

Where a summons is delivered or sent to any person for service under Rule 24, 27 or
28, such person is bound to serve it, if possible, and return it under his signature, with the
written acknowledgement of the defendant, and such signature is deemed to be evidence of
service. If for any cause service is impossible, the summons has to be returned to the court
with a full statement of such cause and of the steps taken to procure service, and such
statement is deemed to be evidence of non-service. Rule 29 in this regard reads as:Rule 29. Duty of person to whom summons is delivered or sent for service - (1)
Where a summons is delivered or sent to any person for service under rule 24, rule 27 or

P a g e | 28

rule 28, such person shall be bound to serve it if possible, and to return it under his
signature, with the written acknowledgement of the defendant, and such signature shall be
deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the
court with a full statement of such cause and of the steps taken to procure service, and
such statement shall be deemed to be evidence of non-service.

Service of Summons to Persons of High Ranking

Where the defendant is, in the opinion of the court, of a rank entitling him to such
mark of consideration, the court may substitute for a summons a letter signed by the judge or
such officer appointed by him, containing all the particulars of a summons. Such a letter may
be sent to the defendant by post, by a special messenger or in any other manner and where the
defendant has an agent empowered to accept service, the letter may be delivered or sent to
such agent. Such procedure has been incorporated in Rule 30 of Order V of the Code which
reads as:Rule 30. Substitution of letter for summons - (1) The court may, notwithstanding
anything hereinbefore contained, substitute for a summons a letter signed by the Judge or
such officer as he may appoint in this behalf, where the defendant is, in the opinion of the
court, of a rank entitling him to such mark of consideration.
(2) A letter substituted under sub-rule (1) shall contain all the particulars required to
be stated in a summons, and subject to the provisions of sub-rule (3), shall be treated in
all respects as a summons.
(3) A letter so substituted may be sent to the defendant by post or by a special
messenger selected by the court, or in any other manner which the court thinks fit; and,
where the defendant has an agent empowered to accept service, the letter may be
delivered or sent to such agent.

Service of summons on Corporation or Partnership Firm

Rule 2 of Order 29 of the Code states that where the defendant is a corporation, the
summons may be served on the secretary or on any director or other principal officer of the
corporation. Summons may also be served by leaving it or sending it by post addressed to the

P a g e | 29

corporation at the registered office or if there is no registered office, then at place where
corporation carries on business.51 Rule 2, Order 29 reads as:Rule 2. Service on corporation - Subject to any statutory provision regulating service
of process, where the suit is against a corporation, the summons may be served (a) on the
secretary, or on any director, or other principal officer of the corporation, or (b) by leaving
it or sending it by post addressed to the corporation at the registered office, or if there is
no registered office then at the place where the corporation carries on business.
Further, Rule 3, Order 30 of the code states that where the defendants are partners in
any firm, the summons should be served upon any one or more of the partners or upon any
person having the control or management of the partnership business at its principle place of
business in India. But if plaintiff knows that the partnership business has been dissolved
before the institution of the suit, the summons shall be served upon every person sought to be
held liable in India.52 Rule 3, Order 30 reads as:Rule 3. Service - Where persons are sued as partners in the name of their firm, the
summons shall be served either (a) upon any one or more of the partners, or (b) at the
principal place at which the partnership business is carried on within India upon any
person having, at the time service, the control or management of the partnership business
there, as the court may direct; and such service shall be deemed good service upon the
firm so sued, whether all or any of the partners are within or without India:
Provided that in the case of partnership which has been dissolved to the knowledge of
the plaintiff before the institution of the suit, the summons shall be served upon every
person within India whom it is sought to make liable.

Conclusion
In order to conclude, it can be said that a summons is a paper issued by a court
informing a person that a complaint has been filed against her. It may be served by an
authorized person for service of process, called a process server. The summons states the
51 Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014
at p. 256.
52 Supra 51.

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name of both plaintiff and defendant, the court and its address, the name and address of the
plaintiff's attorney, and instructions on how to file a required response to the complaint within
a certain time (such as 30 days after service), usually with a form on the back on which
information of service of summons and complaint is to be filled out and signed by the process
server. A copy of the summons must be served on each defendant at the same time as the
complaint to start the time running for the defendant to answer. After service to the
defendants, the original summons, along with the "return of service" proving the summons
and complaint were served, is filed with the court to show that each defendant was served.
Further correct issue and service of summons is very is of prime importance. The
importance of service of summons, is that the defendant may be informed of the institution of
the suit in due time before the date fixed for the hearing and to extend him an opportunity to
resist the suit. It is a fundamental rule of procedure. A party must have a fair and reasonable
notice of the legal proceedings initiated against him, so that he can defend himself.

Bibliography
Books & Statutes
Tandon M. P., The Code of Civil Procedure, 1908, 26th ed., Allahabad Law Agency,
Faridabad, 2008.
Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014.
Mulla, The Code of Civil Procedure, 17th ed., LexisNexis Butterworths Publications,
Delhi, 2007.
Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009.
Sarkar, Code of Civil Procedure, 11th ed., Wadhawa Publications, Nagpur, 2006.
The Code of Civil Procedure, 1908.

Weblinks
http://www.assignmentpoint.com/arts/law/the-code-of-civil-procedure-1908-lecture05.html

P a g e | 31

http://research.lawyers.com/process-serving.html
http://www.indianlawcases.com/The.Code.of.Civil.Procedure.1908-742
http://en.wikipedia.org/wiki/Summons#Judicial_summons
www.indiankanoon.org
www.manupatra.com