Service of Summons: What, how and why?

Submitted to Ms. Apurva Verma

Faculty- Law of Civil Procedure Code

Submitted by Sanat Kurre

Roll No. 126
Sem: IX
Section A

HIDAYATULLAH NATIONAL LAW UNIVERSITY,

UPARWARA POST, ABHANPUR,
NEW RAIPUR - 493661 (C.G)

ACKNOWLEDGEMENTS
First & foremost, I take this opportunity to thank Ms.Apurva Verma, Faculty of law of Civil
Procedure Code, Hidayatullah National Law University, for allotting me this challenging and
enlightening topic to work on.
I would also like to thank my friends and classmates in the University, who have helped me with
fruitful suggestions about this work and were also a source for constant motivation and moral
support hence being a guiding force for me in making of this project.
Last, but not the least I thank the University Administration for equipping the University with
such good Library and IT lab.
My special thanks to library staff and IT staff for equipping me with the necessary books and
data from the website.

Sanat Kurre
Roll No. - 126
Semester- IX

Research Methodology

Aims and Objectives:

1.To understand what is summons and its essentials

2.To know that according to which provisions of the Code of Civil Procedure, 1908, summons is
issued to defendants?
3.To understand How summons are served to the parties directly and in special circumstances?

Review of Literature
A literature Review generally concerns itself with Comprehensive analysis of a published work.
It aims to accumulate the knowledge about what others have found out in the related field of
study and how they have done so. It helps immensely in gaining background knowledge of the
research topic, in identifying the concepts relating to it, potential relationships between them and
identifying appropriate methodology, research design, methods of measuring concepts and
techniques of analysis. And also in identifying data sources used by other researchers.

Method of Writing:
This research is descriptive and analytical in nature. Secondary and Electronic resources have
been largely used to gather information and data about the topic.
Books and other reference as guided by Faculty of the subject and Library staff has been
primarily helpful in giving this project a firm structure. Websites, dictionaries and articles have
also been referred.

Contents

1.Acknowledgement..01
2 Introduction.02
3. Research methodology03
4. Aims and Objectives04
5. Review of Literatures...04
6. Table of Cases..05
7. What is Summons..06
8. Modes of service of summons08
9. Service of Summons in Special Cases12
10. Conclusion.20
11. Bibliography..21

Table of Cases

Madina Dangi Multi Purose Co-op Society Madina Vs Ral Mal

Ami Chand Vs Partapa
Bherulal Vs Shanti Lal
Salem Advocate Bar Association Vs UOI
M. G. Pua Vs Balli Mal Narwal Kishore
Mst. Bhabia Devi Vs Parmanand Pd. Yadav
Puwada Venkateswara Vs Chandramavenkata
Ms Punjab Rural Industrail Works Vs Punjab Financial Corporation
Chandrajit Singh Mann Vs Neelam Mann

Introduction
The concept of Summons is an important subject matter of the CPC. When the plaintiff
files a suit, the defendant has to be informed that the suit, the defendant has to be informed that
the suit has been filed against him, and that he is required to appear in the court to defend it. The
intimation which is sent to the defendant by the court is technically known as Summons.
Summons is a document issued from the office of a court of justice, calling upon the person to
whom it is directed to attend before a judge or office of the court for a certain purpose.1
Order 5 of the Code deals with summons to defendant. When a suit has been duly filed by
presentation of a plaint, the courts must issue summons to the defendants calling upon him to
appear and answer the claim of the plaintiff by filing a written statement within thirty days from
the date of service of summons and such summons issued by the court must be accompanied by
the copy of the plaint.

1 Earl Jowitt, The Dictionary of English Law (1972), p. 1700.

What is summons?
A summons is a court order that notifies a defendant that a lawsuit has been filed against
him or her and that the defendant must file an answer within a specified number of days. The
summons is the document that officially starts a lawsuit.The importance of service of summons,
in whatever way it may be effected, is that the defendant may be informed of the institution of
the suit in due time before the date fixed for the hearing and to extend him an opportunity to
resist the suit where the defendant is not served with summons, the mere fact that he had no
knowledge of the suit is immaterial. Issue of Summons is a fundamental rule of procedure. A
party must have a fair and reasonable notice of the legal proceedings initiated against him, so
that he can defend himself.2
Essential Contents of Summons
Every summons shall:1. Intimate to the defendant of the date of hearing and whether he is to appear in person or by
a pleader.
2. Contain a direction whether the date is fixed for settlement of issues only or final disposal
of the suit.
3. Order the defendant to produce all documents in his possession or power upon which he
intends to rely in support of his case.3
R. 5-8 of Or. 5 deals with various essentials of the summons. They read as follows: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.

2http://www.assignmentpoint.com/arts/law/the-code-of-civil-procedure-1908-lecture05.html as assessed on 19.10.2014 at 3:45 P.M.

3Supra 10.

Rule 6.Fixing day for appearance of defendant - The day under sub-rule (1) of rule 1
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.
Expression Sufficient Time had been defined in the case of MadinaDangi Multipurpose Co-op Society, Madina v. Ral Mal,4 it was said that the term Sufficient Time
contemplates a reasonable time to enable the party to appear and answer before the court on date
so fixed in summons. But in Ami Chand v. Partapa,5 it was held that mere short notice does not
mean the defendant need not appear. If he feels the time is short to file written reply, he can only
request the court after appearance.
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 or copies
thereof specified in rule 1A of Order VIII 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.
Accordingly, a summon in a small cause court suit shall be for final disposal and shall
direct the defendant to produce his witnesses on the date fixed upon whose evidence he intends
to rely in support of his case.

4 2001(4) RCR(Civil) 322(P&H)

5 2003(1) RCR(Civil) 616(P&H)

Modes of service of summons

The service of summons is of primary importance as it is a fundamental rule of law of
procedure that a party must have a fair and reasonable notice of the legal proceedings initiated
against him so that he can defend himself.6
In BheruLal v. Shanti Lal,7 it was held that an objection as to service of summons should
be raised at the earliest possible opportunity. If it is not taken at that stage, it is deemed to have
been waived.
The problem of service of summons is one of the major causes of delay in the progress of
the suit. It is common knowledge that defendants try to avoid service of summons. The Law
commission considered the problem and it was felt that certain amendments were necessary in
that direction and a defendant can be served by a plaintiff or through modern means of
communication. Accordingly, amendments were made in the court.8
The Code prescribes few principal modes of serving a summons to a defendant, as
discussed below:Service by Courts
A bare perusal of Order V, Rule 9, CPC clearly shows that service through process of
court is mandatory. Summons to defendant residing within or outside the jurisdiction of the court
shall be served through court officer or approved courier service or various other means such as
registered post, speed post, fax, acknowledgment due, etc. 9Further, summons is presumed to be

6Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014 at p.
251.
7 AIR 1985 Raj. 53
8Salem Advocate Bar Association (II) v. Union of India, (2005)6 SCC 344.
9Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 781.

served if it does not back within thirty days from the date of issue. 10 In this regard, R. 9 reads as
follows:Rule 9.Delivery of summons by Court - (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 either to the proper officer to be
served by him or one of his subordinates or to such courier services as are approved by the
Court.
(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 in such manner
as the Court may direct.
(3) The services of summons may be made by delivering or transmitting a copy thereof
by registered post acknowledgment due, addressed to the defendant or his agent empowered
to accept the service or by speed post or by such courier services as are approved by the High
Court or by the Court referred to in sub-rule (1) or by any other means of transmission of
documents (including fax message or electronic mail service) provided by the rules made by
the High Court:
Provided that the service of summons under this sub-rule shall be made at the expenses of
the plaintiff.
(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside
the jurisdiction of the court in which the suit is instituted, and the Court directs that the
service of summons on that defendant may be made by such mode of service of summons as
is referred to in sub-rule (3) (except by registered post acknowledgment due), the provisions
of Rule 21 shall not apply.
(5) When an acknowledgment or any other receipt purporting to be signed by the
defendant or his agent is received by the Court or postal article containing the summons is
received back by the Court with an endorsement purporting to have been made by a postal
employee or by any person authorised by the courier service to the effect that the defendant
or his agent had refused to take delivery of the postal article containing the summons or had
10Subodh S. Salaskarv. Jayprakash M. Shah, 2008(3) RCR(Civil) 905 SC.

refused to accept the summons by any other means specified in sub-rule (3) when tendered or
transmitted to him, the Court issuing the summons shall declare that the summons had been
duly served on the defendant:
Provided that where the summons was properly addressed, pre-paid and duly sent by
registered post acknowledgment due, the declaration referred to in this sub-rule shall be made
notwithstanding the fact the acknowledgment having been lost or mislaid, or for any other
reason, has not been received by the Court within thirty days from the date of issue of
summons.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of
courier agencies for the purposes of sub-rule (1).
R. 9(3) gives power to courts to serve the summons via registered post but such power is
limited to an extent only. In M. G. Dua v. Balli Mal Nawal Kishore,11 it was held that summons
can be sent by registered post only in the first instance. If any other mode of service is tried in
the first instance and if it fails to yield any fruitful result, it is not open to courts to endeavor to
effect service on the defendants by registered post.
R. 9 also states that where the defendant refuses to accept the summons, he is deemed to
have been served.12 Similarly, where an acknowledgement or receipt purported to have been
signed by the defendant is received by the court that the defendant has refused to take the
delivery of the summons, the court will proceed treating the defendant as served.13
In the matter of Mst. Bhabia Devi v.Permanand Pd. Yadav,14the ex parte decree was held
to be rightly passed where the defendant refused to put her sign or thumb impression on

11 AIR 1959 Punjab 467.

12Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014 at
p. 255.
13PuwadaVenkateswarav. ChindamanaVenkata, (1976)2 SCC 409.
14AIR 1997 SC 1919.

summons when they were handed to her and she also refused to acknowledge the registered
service.
Service by Plaintiff
The court may also permit services of summons by the plaintiff in addition to service of
summons by the court. R. 9A talks about the summons given to plaintiff for service. It reads as
follows:Rule 9A.Summons given to the plaintiff for service - (1) The Court may, in addition to
the service of summons under Rule 9,on the application of the plaintiff for the issue of a
summons for the appearance of the defendant, permit such plaintiff to effect service of such
summons on such defendant and shall, in such a case, deliver the summons to such plaintiff
for service.
(2) The service of such summons shall be effected to or on behalf of such plaintiff by
delivering or tendering to the defendant personally a copy thereof signed by the Judge or
such officer of the Court as he may appoint in this behalf and sealed with the seal of the
Court or by such mode of service as is referred to in sub-rule (3) of rule 9.
(3) The provisions of Rules 16 and 18 shall apply to a summons personally served under
this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign an
acknowledgment of service or for any reason such summons is not be served personally, the
Court shall, on the application of the party, re-issue such summons to be served by the Court
in the same manner as a summons to a defendant.
In Salem Advocate Bar Association (II) v. Union of India,15 the court was of opinion that
though there can be no objection in giving an opportunity to the plaintiff to serve summons on
the defendant, there should be sufficient safeguards to avoid false report of service of summons.
High Court should make appropriate rules or issue practice directions to ensure that the
provisions are properly implemented and there is no abuse of process of law.

15(2005)6 SCC 344.

Service of summons in special cases

There are many type cases where summons cannot be served ordinarily or via any other
procedure as described above. For such type of cases S. 28-29 and Order V, Rules 21-30 of the
Code can be dealt with. To study them clearly, they have been categorized into various categories
as discussed below.
Service of Summons in AnotherState
S. 28 and Rules 21-23, Order V of the code particularly deals with the service summons
to the defendants residing in another state. S. 28reads as:28. Service of summons where defendant resides in another State - (1) A
summons may be sent for service in another State to such Court and in such
manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent 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.

[(3) Where the language of the summons sent for service in another State is
different from the language of the record referred to in sub-section (2), a
translation of the record, (a) in Hindi, where the language of the Court issuing
the summons is Hindi, or(b) in Hindi or English where the language of such
record is other than Hindi or English, shall also be sent together with the record
sent under that sub-section].16
It states that where the defendant resides within the jurisdiction of another court or in
another state, the summons may be sent to the court where he resides. Such court will serve
summons on the defendant.17 Further, Rule 21 of Order V describes various modes of serving the
summons. It reads as: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 State, either by one of its officers or by post or by such courier service as may be
approved by the High Court, by fax message or by electronic mail service or by any other
means as may be provided by the rules made by the High Court to any court (not being the
High Court) having jurisdiction in the place where the defendant resides.
It is a mandatory rule that service outside jurisdiction can only be done by an officer of
the court with an order from a court having jurisdiction over the place where he resides. Rule 21
lays down that a summons may be sent by the court by which it is issued, whether within or
without the State, 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.
Moving to another case, Rule 22 deals with service within the Presidency Towns. It states
that where the summons is to be served within the Presidency Towns of Bombay, Madras and
Calcutta, it may be sent to the court of Small Causes within whose jurisdiction it is to be served.
It reads as:16Ins. by Act No. 104 of 1976, sec. 12 (w.e.f. 1-5-1977).
17Mulla,The Code of Civil Procedure, 17th ed., LexisNexis ButterworthsPublications,
Delhi, 2007 at p. 556.

Rule 22.Service, within presidency towns, of summons issued by courts outside - Where
a summons issued by any court established beyond the limits of the towns of Calcutta,
Madras and Bombay is to be served within any such limits, it shall be sent to the court of
small causes within whose jurisdiction it is to be served.
Further, Rule 23 casts a duty upon the court receiving the summons to be served to
proceed as if the summons had been originally issued by the said court and then will return the
summons with the record of proceedings (if any) to the court who issued them. It reads as:Rule 23.Duty of court to which summons is sent - The court to which a summons is sent
under rule 21 or rule 22 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.
Service of Summons in Prison
Rule 24 of Order V of the Code states that where the defendant is confined in 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.18 The court shall take judicial notice of the signature of the jailor on its
return. It reads as:Rule 24.Service on defendant in prison - Where the defendant is confined in a prison, the
summons shall be delivered or sent or by post or by such courier service as may be approved
by the High Court, by fax message or by electronic mail service or by any other means as
may be provided by the rules made by the High Court) to the officer in charge of the prison
for service on the defendant.
Service of Foreign Summons
Services of foreign summons may be effected by sending them to the courts in the
territories in which the provisions of this code apply and served as if they were summonses
issued by such courts.19 S. 29 of the code enlightens this principle and reads as follows:18http://www.indianlawcases.com/The.Code.of.Civil.Procedure.1908-742 as
assessed on 20.10.2014 at 11:00 A.M.
19Mulla,The Code of Civil Procedure, 17th ed., LexisNexis ButterworthsPublications,
Delhi, 2007 at p. 556.

29. Service of foreign summonses.-[Summons and other processes issued by(a) any Civil or Revenue Court established in any part of India to which the
provisions of this Code do not extent, or
(b) any Civil or Revenue Court established or continued by the authority of the
Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central
Government has, by notification in the Official Gazette, declared the provisions of
this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served
as if they were summonses issued by such Courts.] 20
Further, Rule 25 of Order V of the code states that where the defendant resides out of
India and has no agent in India empowered to accept service, the summons shall 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 situate. Provision to rule 25
also provides for procedure relating to serving of summons on defendant residing in Bangladesh
or Pakistan. It reads as:Rule 25.Service on defendant resides out of India and has no agent - Where the defendant
reside out of India and has not agent in India empowered to accept service, the summons
shall be addressed to the defendant at the place where he is residing and sent to him or by
post or by such courier service as may be approved by the High Court, by fax message or by
electronic mail service or by any other means as may be provided by the rules made by the
High Court, if there is postal communication between such place and the place where the
court is situate:
Provided that where any such defendant resides in Bangladesh or Pakistan, the summons,
together with a copy thereof, may be sent for service on the defendant, to any court in that
country (not being the High Court) having jurisdiction in the place where the defendant
resides:
Provided further that where any such defendant is a public officer in Bangladesh or
Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or
20Subs. by Act 2 of 1951, sec. 6, for section 29 (w.e.f. 1-4-1951).

air forces) or is a servant of a railway company or local authority in that country, the
summons, together with a copy thereof, may be sent for service on the defendant to such
officer or authority in that country as the Central Government may, by notification in the
Official Gazette, specify in this behalf.
The rule relating to service on defendants residing in Pakistan was added by the
Amending Act XIX of 1951. This amendment aims at implementing the agreement entered into
with the Pakistan Government on reciprocal basis. Bangladesh has been included in the rule by
the Amendment Act, 1976.
Rule 26 and 26A of Order V provides that where the defendant resides in foreign country,
the service of summons may also be effected through the political agent there or a court
established there or to an officer of the government with authority to serve summons in addition
to the provisions mentioned above.21 They read as follows:Rule 26.Service in foreign territory through political agent or court Where(a) in the
exercise of any foreign jurisdiction vested in the Central 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
actually and voluntarily resides, carries on business or personally works for gain, or
(b) the Central Government has, by notification in the Official Gazette, declared, in
respect of any court situate in any such territory and not established or continued in the
exercise of any such jurisdiction as aforesaid, that service by such court of any summons
issued by a court under this Code shall be deemed to be valid service, the summons may be
sent to such political agent or court, by post, or otherwise, or if so directed by the Central
Government, through the Ministry of that Government dealing with foreign affairs, or in such
other manner as may be specified by the Central Government for the purpose of being served
upon the defendant; and, if the political agent or court returns the summons with an
endorsement purporting to have been made by such political agent or by the Judge or other
officer of the court to the effect that the summons has been served on the defendant in the
manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.
21Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications,
Ahmadabad, 2009 at p. 801.

Rule 26A.Summonses to be sent to officers of foreign countries - Where the Central

Government has, by notification in the Official Gazette, declared in respect of any foreign
territory that summonses to be served on defendants actually and voluntarily residing or
carrying on business or personally working for gain in that foreign territory may be sent to an
officer of the government of the foreign territory specified by the Central Government, the
summonses may be sent to such officer, through the Ministry of the Government of India
dealing with foreign affairs or in such other manner as may be specified by the Central
Government; and if such officer returns any such summons with an endorsement purporting
to have been made by him that the summons has been served on the defendant, such
endorsement shall be deemed to be evidence of service.
Service of Summons on Public Officers
Rule 27 states that where the defendant is a public officer (not belonging to the Indian
military, naval or air forces) or is a servant of a railway company or local authority, the court
may send the summons 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 27 reads as: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 Indian military naval
or air forces, 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 so 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.
Service of summons on Soldiers, Sailors or Airmen
Rule 28 states that where the defendant is a soldier, sailor or airman, the court shall send
the summons to his commanding officer for service together with a copy to be retained by the
defendant. It reads as: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.

Procedure after serving of Summons

Where a summons is delivered or sent to any person for service under Rule 24, 27 or 28,
such person is bound to serve it, if possible, and return it under his signature, with the written
acknowledgement of the defendant, and such signature is deemed to be evidence of service. If
for any cause service is impossible, the summons has to be returned to the court with a full
statement of such cause and of the steps taken to procure service, and such statement is deemed
to be evidence of non-service. Rule 29 in this regard reads as: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 acknowledgement of the defendant, and 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.
Service of Summons to Persons of High Ranking
Where the defendant is, in the opinion of the court, of a rank entitling him to such mark
of consideration, the court may substitute for a summons a letter signed by the judge or such
officer appointed by him, containing all the particulars of a summons. Such a letter may be sent
to the defendant by post, by a special messenger or in any other manner and where the defendant
has an agent empowered to accept service, the letter may be delivered or sent to such agent. Such
procedure has been incorporated in Rule 30 of Order V of the Code which reads as: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.
Service of summons on Corporation or Partnership Firm
Rule 2 of Order 29 of the Code states that where the defendant is a corporation, the
summons may be served on the secretary or on any director or other principal officer of the
corporation. Summons may also be served by leaving it or sending it by post addressed to the
corporation at the registered office or if there is no registered office, then at place where
corporation carries on business.22 Rule 2, Order 29 reads as:Rule 2.Service on corporation - Subject to any statutory provision regulating service of
process, where the suit is against a corporation, the summons may be served (a) on the
secretary, or on any director, or other principal officer of the corporation, or (b) by leaving it
or sending it by post addressed to the corporation at the registered office, or if there is no
registered office then at the place where the corporation carries on business.
Further, Rule 3, Order 30 of the code states that where the defendants are partners in any
firm, the summons should be served upon any one or more of the partners or upon any person
having the control or management of the partnership business at its principle place of business in
India. But if plaintiff knows that the partnership business has been dissolved before the
institution of the suit, the summons shall be served upon every person sought to be held liable in
India.23 Rule 3, Order 30 reads as:Rule 3. Service - Where persons are sued as partners in the name of their firm, the
summons shall be served either (a) upon any one or more of the partners, or (b) at the
principal place at which the partnership business is carried on within India upon any person
having, at the time service, the control or management of the partnership business there, as
22Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014 at
p. 256.
23Supra 51.

the court may direct; and such service shall be deemed good service upon the firm so sued,
whether all or any of the partners are within or without India:
Provided that in the case of partnership which has been dissolved to the knowledge of the
plaintiff before the institution of the suit, the summons shall be served upon every person
within India whom it is sought to make liable.

Conclusion
In order to conclude, it can be said that a summons is a paper issued by a court informing
a person that a complaint has been filed against her. It may be served by an authorized person for
service of process, called a process server. The summons states the name of both plaintiff and
defendant, the court and its address, the name and address of the plaintiff's attorney, and
instructions on how to file a required response to the complaint within a certain time (such as 30
days after service), usually with a form on the back on which information of service of summons
and complaint is to be filled out and signed by the process server. A copy of the summons must
be served on each defendant at the same time as the complaint to start the time running for the
defendant to answer. After service to the defendants, the original summons, along with the

"return of service" proving the summons and complaint were served, is filed with the court to
show that each defendant was served.
Further correct issue and service of summons is very is of prime importance. The importance of
service of summons, is that the defendant may be informed of the institution of the suit in due
time before the date fixed for the hearing and to extend him an opportunity to resist the suit. It is
a fundamental rule of procedure. A party must have a fair and reasonable notice of the legal
proceedings initiated against him, so that he can defend himself.

Bibliography
Books & Statutes
Tandon M. P., The Code of Civil Procedure, 1908, 26th ed., Allahabad Law Agency,
Faridabad, 2008.
Takwani C. K., Civil Procedure, 7th ed., Eastern Book Company, Lucknow, 2014.
Mulla, The Code of Civil Procedure, 17th ed.,LexisNexis Butterworths Publications, Delhi,
2007.

 Pandit U. M., Commentary on Civil Procedure Code, Unique Law Publications, Ahmadabad,
2009.
Sarkar, Code of Civil Procedure, 11th ed., Wadhawa Publications, Nagpur, 2006.
The Code of Civil Procedure, 1908.

Weblinks
http://www.assignmentpoint.com/arts/law/the-code-of-civil-procedure-1908-lecture05.html
http://research.lawyers.com/process-serving.html
http://www.indianlawcases.com/The.Code.of.Civil.Procedure.1908-742
http://en.wikipedia.org/wiki/Summons#Judicial_summons
www.indiankanoon.org
www.manupatra.com