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.