📘 CIVIL PROCEDURE CODE : ORDERS V

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CIVIL PROCEDURE CODE EXPLAINED
The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📄 ORDER V — ISSUE AND SERVICE OF SUMMONS

Rule 9(6)

• The High Court or District Judge
  • shall prepare a panel of courier agencies
  • for purposes of sub-rule (1)

Summons given to the plaintiff for service
Rule 9A

• In addition to service of summons under Rule 9:
• Court may
  • on application of plaintiff for issue of a summons for appearance of 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

Rule 9A(2)

• Service of such summons
  • shall be effected by such plaintiff
  • by delivering to the defendant personally a copy or
  • by such mode of service as is referred to in subrule (3) of rule 9

Rule 9A(4)

• If
  • such summons when tendered is refused or
  • the person served refuses to sign an acknowledgment of service or
  • for any reason such summons cannot be served personally
• the Court shall re-issue such summons
  • to be served by the Court
  • in the same manner as a summons to a defendant

Mode of service — Rule 10

• Service of the summons
• shall be made
  • by delivering a copy thereof
  • signed by the Judge or such officer as he appoints and sealed with the seal of the court

Service to be in person — Rule 12

• 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

Service on adult member of defendant’s family — Rule 15

• Where
  • the defendant is absent from his residence at the time when service of 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…
• service may be made
  • on any adult member of the family who is residing with him
  • whether male or female

Explanation
A servant – is not a member of the family

Person served to sign acknowledgement — Rule 16

• Where
  • the serving officer delivers a copy of the summons to the defendant personally or to an agent
• he shall require
  • signature of the person to whom the copy is so delivered

When defendant refuses to accept service — Rule 17

• Where
  • the defendant or his agent refuses to sign the acknowledgment or
• where
  • the serving officer cannot find the defendant
  • after using all due and reasonable diligence
  • who is absent from his residence when service is sought to be effected on him 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…
• 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 with a report stating
  • the circumstances under which he did so and
  • name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed

Examination of serving officer — Rule 19

• Where a summons is returned under rule 17:
• the Court
  • shall if the return under that rule has not been verified by an affidavit of the serving officer and
  • may if it has been so verified
• examine the serving officer on oath
  • 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

Substituted service — Rule 20(1)

• Where the court is satisfied
  • that there is reason to believe that defendant is keeping out of the way for avoiding service or
  • that for any other reason summons cannot be served in the ordinary way…
• 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 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

Rule 20(1A)

• Where
  • the court acting under sub-rule (1)
  • orders service by 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

Effect of substituted service
Service substituted by order of court – shall be as effectual – as if it had been made on the defendant personally

Where defendant resides beyond jurisdiction — Rule 21

• A summons may be sent by the issuing Court
  • whether within or without the State
  • by one of its officers or
  • by post or by a courier service approved by the High Court
  • by fax message or by Electronic Mail service or
  • by any other means provided by rules made by the High Court
• to any Court, not being the High Court
  • having jurisdiction in the place where the defendant resides

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