Telangana High Court Process Server study materials
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Telangana High Court Process Server: Civil Procedure Code, 1908 - Service of Summons and Process

Telangana High Court Process Server · Work through your exam, one topic at a time.

All guide sections

Civil Procedure Code, 1908 - Service of Summons and Process

What the paper tests

This is the technical core of the Process Server post: Section 27 and Order V of the Code of Civil Procedure, 1908 - how a summons is issued, the modes of service, the endorsement, the affidavit of service, and substituted service.

Core rules

  • Section 27: where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim.
  • Order V Rule 2: every summons must be accompanied by a copy of the plaint.
  • Order V Rule 9: service is made by delivering or tendering a copy of the summons signed by the Judge or an officer appointed by him and sealed with the seal of the court.
  • Order V Rule 12: service on the defendant in person, or on an agent empowered to accept service.
  • Order V Rule 13: where the defendant cannot be found, service may be made on an adult male member of the family residing with him; if no such member exists, the serving officer affixes a copy under Rule 17.
  • Order V Rule 15: where the defendant resides in another district, the court sends the summons to the court having jurisdiction, which serves it.
  • Order V Rule 17 - affixing: where the defendant refuses to accept service, or cannot be found after due and reasonable diligence, the serving officer affixes a copy on the outer door or other conspicuous part of the house where the defendant ordinarily resides, carries on business or personally works for gain.
  • Order V Rule 18: the serving officer makes an affidavit of service, stating the time, manner and place.
  • Order V Rule 19: if the defendant denies service, the court examines the serving officer on oath.
  • Order V Rule 20 / Section 30: substituted service, such as advertisement, when the court is satisfied the defendant is avoiding service.
  • Order VIII Rule 1: the defendant files a written statement within 30 days of service, extendable up to 90 days.

Worked example

A peon finds the defendant’s house locked and the neighbours say he has gone to another town. Correct action: record the attempts in the process register, do not affix the notice the same day, and return the summons with a report of the attempts. Affixing is permissible only after due and reasonable diligence, and must then be followed by an affidavit under Rule 18.

Traps

Affixing a copy without proof of prior attempts, obtaining a thumb impression without identification, and failing to record the date and time of service on the original summons.