Summon:
The Code of Civil Procedure, 1908 (CPC) defines "summons as a
legal document issued by a court to notify a defendant (the person
against whom a lawsuit is filed) that a case has been filed against them
and to appear before the court on a specified date and time.
According to Section 2(9) of the CPC, a "summons" includes any
document used by a court to give notice to a person for his attendance.
It can be in the form of a writ, notice, order, or other legal processes.
The purpose of a summons under CPC is to ensure that the defendant is
given adequate notice of the legal proceedings initiated against him and
is given an opportunity to be heard in the matter.
Modes of Service of Summons:
1. Personal Service (Order V Rules 10–16, 18):
Summons should be delivered personally to the defendant or their
authorised agent.
If absent, it may be served on an adult family member living with them
(not a servant).
For business cases, it can be served on the manager/agent.
For suits relating to immovable property, service may be made on the
defendant’s agent in charge of the property.
In case of multiple defendants, each must be served individually.
2. Service by Court (Order V Rule 9):
Within jurisdiction: through court officer, approved courier, RPAD,
speed post, fax, email, or other modes.
Outside jurisdiction: through court officer of that area.
Refusal to accept = valid service.
Properly addressed prepaid RPAD = presumed valid service.
High Courts may issue rules to prevent misuse.
3. Service by Plaintiff (Order V Rule 9A):
Court may authorise the plaintiff to serve summons in addition to court
service.
4. Substituted Service (Order V Rules 17–20):
If defendant/agent refuses or cannot be found, copy may be affixed on
the house, business place, or workplace; report must be endorsed by the
serving officer.
If court is satisfied, service is treated as valid.
If defendant is evading service, summons may be affixed in court
premises, at last known residence/business, or in any other manner
directed by the court.
Procedure of service summons
Delivery of Summons (Rule 9):
If the defendant lives within the court’s jurisdiction or has an agent there,
summons is sent by court officer, courier, registered/speed post, fax,
email, etc. (plaintiff bears cost).
If outside jurisdiction, same modes apply (except registered post).
Refusal to accept or confirmation of refusal = deemed served.
Even if acknowledgment is lost, service is valid if properly sent.
Plaintiff Serving Summons (Rule 9A):
Court may allow plaintiff to serve summons personally (by hand, courier,
fax, email).
If refused or acknowledgment not signed, court re-issues summons
through officer.
Multiple Defendants (Rule 11):
Each defendant must get a copy.
Service on Defendant/Agent (Rules 12–14):
Ideally served on defendant; valid if served on authorized agent.
In business cases, may be served on manager/agent.
In property cases, may be served on person in charge.
Service on Family (Rule 15):
If defendant absent, summons may be given to an adult family member
living with him (not servant).
Defendant in Another Court’s Jurisdiction (Rule 21):
Summons sent through officers, post, courier, fax, email, or via that local
court.
Special Situations
Presidency towns (Rule 22): Sent to Small Causes Court.
Prison (Rule 24): Sent to prison officer.
Outside India (Rule 25–26): Sent by post/courier/email or via political
agent, foreign court, or Ministry of External Affairs. Bangladesh/Pakistan
cases may go to local courts/authorities.
Public officers/railway/local authority staff (Rule 27): Sent to head of
office.
Military personnel (Rule 28): Sent to commanding officer.
High-rank defendants (Rule 30): Court may send a letter instead of
summons.
