PRELIMINARY NOTE: SERVICE OF SUMMONS UNDER SECTION 27 C.P.C

Section 27 of the C.P.C, 1908 provides that once a suit is duly instituted, a summons may be issued to the defendant to appear and answer the claim. Order V prescribes the detailed procedure for the service of summons. A summons must specify the date on which the defendant is to appear and defend the suit. However, no summons is needed when the defendant appears at the presentation of the plaint and admits the claim (Order V, Rule 1).

PROCEDURE TO ISSUE SUMMONS (ORDER V, RULES 1–30)

I. WHO CAN ISSUE THE SUMMONS?

The court where the suit is filed, after applying its judicial mind, issues the summons to the defendant to appear and respond to the plaintiff's claim.

II. FORM OF SUMMONS:

• Must be signed and sealed by the court.

• Must be accompanied by a copy of the plaint.

• Must specify the person required to attend.

• Must mention the date of appearance.

III. MODES OF SERVICE OF SUMMONS (ORDER V)

1. PERSONAL SERVICE (Rules 12, 16 & 18)

• Service is made directly on the defendant via courier or registered post with acknowledgment.

• Summons can also be delivered to an agent or representative.

• Serving officer must obtain signature of acknowledgment and endorse return details on the original summons.

2. SERVICE BY AFFIXATION (Rule 17)

• If the defendant refuses to accept the summons or is unavailable, the serving officer shall affix a copy of the summons to a conspicuous part of the defendant’s residence.

3. SUBSTITUTED SERVICE (Rule 20)

If the court believes the defendant is deliberately avoiding service, it may order:

• Affixing summons on a visible part of the residence,

• Service via electronic devices (telegram, fax, email, etc.),

• Courier services, publication in press, or even beat of drum in the locality.

4. SERVICE ON DEFENDANT RESIDING ABROAD (Rule 25)

• Summons must be sent to the defendant’s foreign address by post, provided postal communication exists.

5. SERVICE ON A DEFENDANT IN JAIL (Rule 24)

• Summons should be delivered or posted to the officer in charge of the prison, who will serve the summons on the defendant.

CONCLUSION:

The issuance and service of summons is a crucial step in ensuring fair trial and natural justice. The Civil Procedure Code provides multiple channels of service to avoid delay and non-compliance. The system ensures that no defendant can avoid court proceedings simply by being evasive. However, for greater effectiveness, these procedures must be strictly adhered to and diligently enforced. Strengthening summons procedures and adopting modern communication tools will aid in reducing delays and enhancing the efficiency of judicial proceedings.