Explanation of CPC Section 27-A

--------- As Per Amendment in Islamabad

Section 27A, which was inserted by Act 7 of 2020, S. 7(b) (w.e.f. 22-02-2020) omitted by Act 19 of 2023, S. 6 

--------- As Per Amendment in KPK  

After section 27 as so amended, the following new section shall be inserted, namely:

“27A. Process of summons.

(1) Summons shall be sent simultaneously, unless otherwise ordered by the Court, to the defendant, through its process serving agency and by registered post acknowledgment due, and if so desire by the Court, another copy of the summons may be sent by courier service signed and sealed in the prescribed manner, or as the Court may determine, by urgent mail service of Pakistan Post or any other courier service, at the cost of plaintiff.

(2) The acknowledgement, purported to be signed by the defendant, of the receipt of the registered communication or an endorsement by a courier messenger or postal employee that the defendant refused to take delivery of the summons shall be deemed by the Court issuing the summons to be prima facie proof of the service of summons.

(3) Alternatively, the Court shall order service by—

(a) affixing a copy of the summons at some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain;

(b) any modern device including electronic device of communication which may include mobile, telephone, telegram, phonogram, telex, fax, radio, television etc., in a prescribed manner;

(c) urgent mail service or public courier services;

(d) beat of drum in the locality where the defendant resides;

(e) announcement through, mosque, temple, community centre etc.;

(f) publication in the press in the prescribed manner; or

(g) any other manner or mode as it may thinks fit:
Provided that the Court may order the use of all or any of the aforesaid manners and modes of service simultaneously.

(4) If the defendant fails to appear, the Court may direct service again by any of the modes, mentioned in sub-section (3), to appear on a date not later than seven days.

(5) Location of bailiff or process-server serving the summons shall be monitored by modern devices, in a prescribed manner, and a photograph shall be taken of the defendant or the premesis or the person accepting summons on behalf of the defendant and be made part of the record as a proof of delivery.