Code of Civil Procedure1908 Summons

Lecture on Law By Keshva Nand

1. C o d e o f C i v i l P r o c e d u r e 1 9 8 Keshva Nand Summons (Order V) Keshva Nand Assist. Prof. ICFAI Law School, The ICFAI University, Jaipur Rajasthan India

2. S u mm o n s Keshva Nand Where a suit is duly instituted, a summons may be issued to defendant to appear and answer the claim on a day specified in the summons. Summons is not defined in the Code. A summons is document issued by the Court where suit is instituted, to call defendant and answer the claim. Summons shall not be issued when defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim. [Order I Rule 1]

3. O b j e c t o f s u mm o n s Summons is issued to defendant providing information about the proceeding initiated against him. Principle of natural justice also include right to full information of charges/allegation made, so as to have full opportunity to defend. After issue of summons, the Court may direct the defendant to file the written statement of his defence, on the date of his appearance. No such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim. [Order V Rule1] Keshva Nand

4. F o r m o f s u mm o n s A summons should state title of Court issuing summons; name, description and place of residence; name of person instituting suit, purpose for which it is issued; date and time for appearance. It shall state that, in case of failure to appear, suit will be heard and determined in his absence. [ Appendix B for Summons for disposal of suit.] 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. [Order V Rule 1] Every summons must be accompanied with a copy of plaint or a concise statement. [Order V Rule 2] Keshva Nand

5. D e f e n d a n t t o a pp e a r Keshva Nand On the given date, defendant has to appear before the court issuing summons. Defendant may appear... In person; or By a pleader duly instructed and able to answer all material questions relating to the suit; or By a pleader accompanied by some person able to answer all such questions. [Order V Rule 1] Court may order defendant or plaintiff to appear in person

6. M o d e o f s e r v i c e o f s u mm o n s Keshva Nand Service of 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 Court. If there are more defendants, summons shall be served on each defendant. Defendant, after receiving copy of summons, he shall required to sign acknowledgement on original summons.

7. D e l i v e r y o f s u mm o n s b y C o u r t Keshva Nand Where defendant is resides within the jurisdiction of the Court or he has an agent empowered to accept summons, summons shall be served by the proper officer of the Court or by courier approved by the Court. On application, Court may in addition to the service by Court, permit such plaintiff to effect service of summons on defendant.

8. P e r s o n a l s e r v i c e Keshva Nand Wherever it is practicable service shall be made on the defendant in person, unless he has an agent empowered to accept service. [ Order V, Rule 12]

9. S e r v i c e o n a g e n t Where suit is in relation to business or work against person who does not reside within the local limits of the Court from which summons is to be served; service may be made on his manager or agent, who is actually working at that time. Where suit is to obtain relief respecting or compensation for wrong to immovable property, service of summon cannot be made on defendant in person; service may be made on agent of the defendant in charge of the property. [ Order V, Rule 13, 14] Keshva Nand

10. S e r v i c e o n a d u l t m e m b e r o f family Where defendant is absent at the time when service of summons is to be effected and there is no likelihood of his being found at the residence within a reasonable time and he has no agent; then service may be made on any adult member of the family, whether male or female. A servant is not considered as family member. [ Order V, Rule 15] Keshva Nand

11. By affixing Keshva Nand This process of service of summons is followed when defendant refuses to accept service, or cannot be found. Service of summons by affixing is made when: where defendant or his agent or such other person refuses to sign acknowledge; or where the serving officer after due diligence cannot find defendant and there is no agent to accept summons; nor any other person on whom service can be made, then serving office shall affix a copy of the summons on the: a.outer door; or b.some other conspicuous (noticeable) part of the house in which defendant ordinarily resides or carries on business or personally works for gain, and shall t hen r e t urn t he original t o t he Court f r om which it w as issued. [O r de r V Rul e 17]

12. S u b s t i t u t e d s e r v i c e Where 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 any conspicuous part of the house 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. Keshva Nand

13. -- - Court acting under this provision, order service of summons by an advertisement in a news paper circulating in the locality in which the defendant is last resided or carried on business or personally worked for gain. In substituted service Court has wide power to cause service of summons; and Court can use one or more modes of service of summons. Service substituted by order of Court shall be as effectual as if it had been made on the defendant personally. Court shall fix such time for the appearance of the defendant as the case may require. [ Order V, Rule 20] Keshva Nand

14. S e r v i c e o n d e f e n d a n t i n p r i s o n Keshva Nand 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. [Order V Rule 24]

15. S e r v i c e w h e r e d e f e n d a n t r e s i d e s out of India and has no agent 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. [Order V Rule 25] Keshva Nand

16. Service on civil public or on servant of railway o ff i c e r o r o n s e r v a n t o f r a i l w a y c o m p a n y o r l o c a l 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. [Order V Rule 27] Keshva Nand

17. S e r v i c e o n s o l d i e r s , s a i l o r s o r airmen Keshva Nand 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. [Order V Rule 28]

18. T h a n k y o u . Keshva Nand