Lecture on Law By Keshva Nand

1. Code of Ci vi l Pr oc edur e 1 908
Summons
(Order V)
K e s h v a N a n d
As s is t. P r o f .
ICFAI Law School, The ICFAI University, Jaipur
Rajasthan I n d ia

2. Summons
• 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. Obj ec t of s ummons
• 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]

4. For m of s ummons
• 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]

5. Def endant t o appear
• On the given date, defendant has to appear before the court issuing
summons.
• Defendant may appear...
i. In person; or
ii. By a pleader duly instructed and able to answer all material
questions relating to the suit; or
iii. 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. Mode of s er vi c e of s ummons
• 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. Del i ver y of s ummons by Cour t
• 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. Per s onal s er vi c e
• 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. Ser vi c e on agent
• 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]

10. Ser vi c e on adul t member of f a m i l y
• 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]

11. By a f f i x i n g
• 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:
1. where defendant or his agent or such other person refuses to sign
acknowledge; or
2. 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:
i. a.outer door; or
ii. 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 then return the original to the Court from which it was issued.[Order V Rule 17]

12. Subs t i t ut ed s er vi c e
• Where Court is satisfied that there is reason to believe that,
i. the defendant is keeping out of the way for the purpose of avoiding
service, or
ii. 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:
a. in some conspicuous place in the Court house, and
b. 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
c. in such other manner as the Court thinks fit.

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]

14. Ser vi c e on def endant i n pr i s on
• 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. Ser vi c e wher e def endant r es i des out
o f I n d i a 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]

16. Service on c i v i l public or on servant of railway
of f i cer or on servant of rai l way company or l ocal
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]

17. Ser vi c e on s ol di er s , s ai l or s 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. [Order V Rule 28]

18. Thank you.