Serving Justice: Understanding the Modes of Summons in Civil Procedure

The service of a summons is a fundamental step in any civil suit, as it formally notifies the defendant about the legal action initiated against them and requires their appearance in court. Ensuring that the defendant receives proper notice is crucial for upholding the principles of natural justice. The Code of Civil Procedure (CPC) outlines various detailed modes for the effective service of summons, balancing the need for efficiency with the guarantee of fair legal process.

Primary Modes of Summons Service

The procedure provides for several distinct methods for serving a summons, each tailored to different situations (Order 5) :

Service by Court (Rule 9): The standard method where the court itself undertakes the responsibility for service through its appointed personnel.
Service by Plaintiff (Dasti Summons) (Rule 9A): A supplementary method allowing the plaintiff to personally deliver the summons.
Personal or Direct Service (Rules 10-16, 18): Encompassing the direct handover of the summons to the defendant or their authorized agent.
Substituted Service (Rules 17, 19-20): Used when direct service is impractical, with variations depending on a court order.
Service by Post: A specific, widely used form of transmission often covered under the umbrella of other rules.

Detailed Examination of Key Rules

1. Delivery of Summons by Court (Order V, Rule 9)

This rule establishes the primary mechanism for service when the defendant or their agent resides within the court’s jurisdiction. The summons must be served by either:

An officer of the court, such as a process server or bailiff.
Courier services approved by the court.

Alternative Means of Transmission (Sub-Rule 3):

To enhance efficiency, the rule permits service by delivering or transmitting a copy to the defendant or their duly authorised agent via several means, all at the plaintiff’s expense:

Registered Post Acknowledgement Due (RPAD): A reliable postal method requiring a signed receipt.
Speed Post or approved courier service.
Any other means of transmission, such as fax message or electronic mail service (email).

Service Outside Jurisdiction:

If the defendant resides outside the court’s jurisdiction, the summons is served according to the means specified in sub-rule 3, except by RPAD, and the provisions of Rule 21 (service through another court) do not apply.

Approved Courier Services:

For uniformity and reliability, the High Court or the District Judge is responsible for preparing and maintaining a list of approved courier services for this purpose.

2. Service by Plaintiff: Dasti Summons (Order V, Rule 9A)

This rule provides an additional avenue for service, allowing the plaintiff to personally serve the summons on the defendant. This is often an option to expedite the process.

The court issues a sealed and signed summons to the plaintiff.
The plaintiff must personally take the summons, serve it, obtain the defendant’s acknowledgement, and then return the original summons to the court with an endorsement stating the time and manner of service.
These are popularly known as Dasti Summons (meaning ‘by hand’). If the plaintiff fails to serve it, the court can re-issue the summons to be served in the normal manner (under Rule 9).

The Concept of Deemed Service

To prevent defendants from intentionally evading the legal process, the law provides for scenarios where a service is considered duly served even if the defendant hasn’t signed the acknowledgement. The court may declare a deemed service in the following cases:

Refusal or Non-acceptance: Where the summons is returned to the court with an endorsement that the defendant or their agent refused to accept it when it was tendered or transmitted.
Lost or Mislaid Post: Where a summons was properly addressed, prepared, and sent by registered post (RPAD), but was lost or mislaid and not received back by the court within 30 days from the date of its issue.

The provisions governing the mode of service are a testament to the legal system’s efforts to ensure that legal proceedings commence only after the defendant has been given a fair and legally valid opportunity to be heard.

Author – Mohd Kumail Haider, AOR, High Court of Judicature at Allahabad & Lucknow Bench & Various Legal Forums Throughout Uttar Pradesh.

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