Text of ORDER 5, RULE 1-30

ORDER V:   ISSUE AND SERVICE OF SUMMONS

Issue of Summons

Rule 1. Summons
(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on a day to be specified therein:
Provided that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff’s claim.

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear:
(a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.

(3) 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.

Rule 2. Copy or Statement Annexed to Summons
Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement.

Rule 3. Court May Order Defendant or Plaintiff to Appear in Person
(1) Where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day specified therein.
(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.

Rule 4. No Party Be Ordered to Appear in Person Unless Resident Within Certain Limits
No party shall be ordered to appear in person unless he resides:
(a) within the local limits of the Court's ordinary original jurisdiction, or
(b) without such limits but at a place less than fifty miles (or, where there is railway or steamer communication or other established public conveyance for five-sixths of the distance, less than two hundred miles) from the court-house.

Rule 5. Summons to Be Either to Settle Issues or for Final Disposal
The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly.
Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.

Rule 6. Fixing Day for Appearance of Defendant
The day for the appearance of the defendant shall be fixed with reference to the current business of the Court, the place of residence of the defendant, and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day.

Rule 7. Summons to Order Defendant to Produce Documents Relied on by Him
The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case.

Rule 8. On Issue of Summons for Final Disposal, Defendant to Be Directed to Produce His Witnesses
Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case.

Service of Summons

Rule 9. Delivery or Transmission of Summons for Service
(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent to the proper officer to be served by him or one of his subordinates.
(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him by post or in such other manner as the Court may direct.
(3) Unless the Court otherwise directs, the proper officer or an officer authorized by him in this behalf shall cause the service of summons and return it to the Court within fifteen days of issue of summons.

Rule 10. Mode of Service
Service of the 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 the Court.

Rule 10-A. Service by Post
(1) Simultaneously with the issue of summons under rule 9, there shall be sent, unless otherwise ordered by the Court, to the defendant, by courier service and registered post, acknowledgment due, another copy of the summons signed and sealed in the manner provided in rule 10.
(2) An acknowledgment purporting to be signed by the defendant of the receipt of the registered communication or endorsement by a courier messenger or postal employee that the defendant refused to take delivery of the same shall be deemed by the Court issuing the summons to be prima facie proof of service of summons.

Rule 11. Service on Several Defendants
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.

Rule 12. Service to Be on Defendant in Person When Practicable or on His Agent
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.

Rule 13. Service on Agent by Whom Defendant Carries on Business
(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager or agent, who, at the time of service, personally carries on such business or work for such person within such limits, shall be deemed good service.
(2) For the purpose of this rule, the master of a ship shall be deemed to be the agent of the owner or charterer.

Rule 14. Service on Agent in Charge in Suits for Immovable Property
Where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the defendant has no agent empowered to accept the service, it may be made on any agent of the defendant in charge of the property.

Rule 15. Where Service May Be on Male Member of Defendant’s Family
Where in any suit the defendant cannot be found and has no agent empowered to accept service of the summons on his behalf, service may be made on any adult male member of the family of the defendant who is residing with him.
Explanation: A servant is not a member of the family within the meaning of this rule.

Rule 16. Person Served to Sign Acknowledgment
Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.

Rule 17. Procedure When Defendant Refuses to Accept Service, or Cannot Be Found
Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, 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 from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

Rule 18. Endorsement of Time and Manner of Service
The serving officer shall, in all cases in which the summons has been served under rule 17, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.

Rule 19. Examination of Serving Officer
Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his proceedings, and may make such further inquiry 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.

Rule 20. Substituted Service
(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order for service of summons 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; or
(b) any electronic device of communication which may include telegram, telephone, phonogram, telex, fax, radio, and television; or
(c) urgent mail service or public courier services; or
(d) beat of drum in the locality where the defendant resides; or
(e) publication in press; or
(f) any other manner or mode as it may think fit.
Provided that the Court may order the use of all or any of the aforesaid manners and modes of service simultaneously.

(2) Effects of Substituted Service: Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.
(3) Where Service is Substituted, Time for Appearance to Be Fixed: Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require, which shall not ordinarily exceed fifteen days.

Rule 21. Service of Summons Where Defendant Resides Within Jurisdiction of Another Court
A summons may be sent by the Court by which it is issued, whether within or without the province, either by one of its officers or by post to any Court (not being the High Court) having jurisdiction in the place where the defendant resides.

Rule 22. [Service within Presidency towns of summons issued by Courts outside.] Omitted by A. O., 1949.

Rule 23. Duty of Court to Which Summons is Sent
The Court to which a summons is sent under rule 21 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.

Rule 24. Service on Defendant in Prison
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.

Rule 25. Service Where Defendant Resides Out of [Pakistan] and Has No Agent
Where the defendant resides out of [Pakistan] and has no agent in [Pakistan] empowered to accept service, the summons shall, except in the cases mentioned in rule 26A, 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 situated.

Rule 26. Service in Foreign Territory through Political Agent or Court
Where, in the exercise of any foreign or extraprovincial jurisdiction vested in the Federal Government, a Political Agent has been appointed or a Court has been established or continued with power to serve a summons issued by a Court under this Code in any foreign territory in which the defendant resides, the summons may be sent to such Political Agent or Court, by post or otherwise, for the purpose of being served upon the defendant. If the Political Agent or Court returns the summons with an endorsement signed by the Political Agent or by the Judge or other officer of the Court that the summons has been served on the defendant in the manner directed, such endorsement shall be deemed to be evidence of service.

Rule 26A. Service on Civil Public Officer or on Servant of Railway Company or Local Authority in India
Where the defendant is a servant (not belonging to the military, naval or air forces) of any Government in India, or a servant of a railway company or local authority in India, the summons, together with a copy of it to be retained by the defendant, shall be sent, with a request that it may be served on the defendant:
(a) In the case of a defendant serving in connection with the affairs of the Government of India or a servant of a Railway in India, to the Secretary to the Government of India in the Ministry of Home Affairs, and
(b) In the case of a defendant serving in connection with the affairs of any other Government in India, or in the case of a servant of a local authority in India, to the Home Secretary to that Government or, as the case may be, to the Home Secretary to the Government in whose territories the local authority has its jurisdiction.

Rule 27. Service on Civil Public Officer or on Servant of Railway Company or Local Authority
Where the defendant is a public officer (not belonging to the armed forces of Pakistan), 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 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.

Rule 28. Service on Soldiers, Sailors, 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.

Rule 29. Duty of Person to Whom Summons is Delivered or Sent for Service
(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27, or rule 28, such person shall be bound to serve it, if possible, and to return it under his signature, with the written acknowledgment of the defendant. Such signature shall be deemed to be evidence of service.
(2) Where, from any cause, service is impossible, the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.

Rule 30. Substitution of Letter for Summons
(1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.
(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.
(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent empowered to accept service, the letter may be delivered or sent to such agent.