Code of Civil Procedure 1908 - Schedule I

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ORDER V : ISSUE AND SERVICE OF SUMMONS

Issue of Summons

1. Summons

(1) When a suit has been duly instituted a summons may be issued to the defendant to appear
and answer the claim on a day to be therein specified :

Provided that no such summons shall be issued when .the defendant has appeared at the
presentation of the plaint and admitted the plaintiff's claim :

22[Provided further that where a summons has been issued, the Court may direct the defendant
to file the written statement of his defence, if any, on the date of his appearance and cause an entry
to be made to that effect in the 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 a 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.

2. Copy or statement annexed to summons

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

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.

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 Court's 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 between the
place where he resides and the place where the Court is situate) less than two hundred miles
distance from the court-house.

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.
6. Fixing day for appearance of defendant

The day for the appearance of the defendant 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.

7. Summons to order defendant to produce documents relied on by him

The summons to appeal and answer shall order the defendant to produce all documents in his
possession or power upon which he intends to rely in support of his case.

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 the defendant to produce,
on the day fixed for his appearance, all witnesses upon whose evidence he intends to relay in
support of his case.

Service of Summons

9. Delivery or transmission of summons for service

(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 to the
proper officer to be served by him or one of his subordinates.

(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 by post or in such other manner
as the Court may direct.

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.

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.

12. Service to be on defendant on 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.

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 chartered .

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 accent the service, it may be made on any agent of the defendant in charge of the property.

23[15. Where service may be on an adult member of defendant's family

Where in any suit the defendant is absent Prom his residence at the time when the service of
summons is sought to be effected on his 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 the family within the meaning of this 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.

17. Procedure when defendant refuses to accept service, or cannot he found

Where the defendant or his agent or such other person as aforesaid refuses to sign the
acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot
find the defendant, 22[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 in whose presence
the copy was affixed.

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.

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.

22[19A. Simultaneous issue of summons for service by post in addition to personal service

(1) The Court shall, in addition to, and simultaneously with, the issue of summons for service in
the manner provided in rules 9 to 19 (both inclusive), also direct the summons to be served by
registered post, acknowledgement due, addressed to the defendant, or his agent empowered to
accept the service, at the place where the defendant, or his agent, actually and voluntarily resides
or carries on business or personally works for gain:

Provided that nothing in this sub-rule shall require the Court to issue a summons for service by
registered post, where, in the circumstances of the case, the Court considers it unnecessary.

(2) When an acknowledgement purporting to be signed by the defendant or his agent is received
by the Court or the postal article containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee to the effect that the defendant
or his agent had refused to take delivery of the postal article containing the summons, when
tendered 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, prepaid and duly sent by registered
post, acknowledgement due, the declaration referred to in this sub-rule shall be made
notwithstanding the fact that the acknowledgement having been lost or mislaid, or for other reason,
has been received by the Court within thirty days from the date of the issue of the summons].
20. Substituted services

(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.

22[(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 service-Service 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 he fixed -Where 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.

[20A. Service of summons by post: Repealed by the Code of Civil Procedure (Amendment) Act,
w.e.f. 1st. February, 1977]

21. Service of summons where defendant resides within jurisdiction of another Court.

A summons may 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.

22. Service within presidency-towns of summons issued by Courts outside

Where as summons issued by any Court established beyond the limits of the towns of Calcutta,
Madras 25[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.

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 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.

24. Service on defendant in prison

Where the defendant is confined in a 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.

25. Service where defendant resides out of India and has no agent

Where the defendant resides out of 26[India] and has no agent in 26[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 :

27[Provided that where any such defendant 28[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 29[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 the Official Gazette, specify in this behalf.]

30[26. Service in foreign territory through Political Agent or Court- Where

(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.

26A. Summonses to he sent to officer to 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
,any such summons with 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.]

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 31[the Indian] military 32[naval or air]
forces 33[***]), 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.

28. Service on soldiers, sailors or airmen

Where the defendant is a soldier, 34[sailor] 35[or airman], the Court shall send the summons for
service to his commanding officer together with a copy to be retained by the defendant.

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 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.

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.
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