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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 officer of the court on the day mentioned therein. 
A paper that tells a defendant that he or she is being
sued and asserts the power of the court to hear and to determine the
case. A form of legal process that commands the defendant to appear
before the court on a specific day and to answer the complaint made by
the plaintiff.
Sub-rule (1) to Rule 1 says - "When a suit has been
duly instituted, a summons may be issued to defendant to appear and
answer the claim and to file the written statement of his defense if any
within 30 days from the date of service of summons on that defendant :
Provided that no such summons shall be issued when a defendant has
appeared at the presentation of plaint and admitted the claim of plaintiff.
Provided further that where defendant fails to file the written statement
within said period of 30 days he shall be allowed to file the same on such
other days as may be specified by the court for reasons to be recorded in
writing, but which shall not be later than 90 days from date of service of
summons."
Order V Rule 2 of the Code of Civil Procedure also
provides that every summons shall be accompanied by a copy of the
plaint or, if so permitted, by a concise statement.

SERVICE OF SUMMON

 (1) Personal Service:
Order V Rule 10 of Code of Civil Procedure provides that
service of 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. According to Rule 12 of Order V of
the Code of Civil Procedure, 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 the service on such agent shall be
sufficient.
Order V Rule 15 of the Code of Civil Procedure provides
that where in any suit the defendant is absent at the time when the
service of summons is sought to be effected on him at this residence and
there is no likelihood of his being found at the residence within a
reasonable time and he has no agent empowered to accept service of
the summons on his behalf, service may be made on any adult member
of the family, whether male or female, who is residing with him.

(2) Service by Affixation :


Order V Rule 17 of Code of Civil Procedure provides this
mode of service. According to it, where the defendant or his agent or
such other person, as aforesaid, i.e., the adult member of this family,
refuses to sign the acknowledgement, or where the serving officer after
using all due and reasonable diligence, cannot find the defendant who is
absent from his residence at the time when service is sought to be
effected on him at his residence within a reasonable time and there is no
agent empowered to accept service of the summons on his behalf, nor
any other person on whom the service can be made, the serving officer
shall affix a copy of 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.

(3) Service by Registered Post :


Rule 12-A of Order V provides for simultaneous issue of
summons for service by post in addition to personal service. It lays down
that the court shall issue the summons for service also direct the
summons to be served by registered post to addressed to the defendant
or his agent at the place where the defendant or his agent, actually and
voluntarily resides.
Sub-rule (2) of Rule 12-A of the said Order V lays down
that when an acknowledgement purporting to be signed by the defendant
or his agent is received by the court or the postal article containing the
summons is received back by the court with an endorsement purporting
to have been made by a postal employee to the effect that the defendant
or his agent had refused to take delivery of the postal article containing
the summons when tendered to him, the court issuing the summons shall
declare that the summons had been duly served on the defendant.

(4) Delivery of Summons by Court. –


Vide Amendment Act No. 22 of 2002, Rule 9 of Order 5
has been amended, which provided Delivery of Summons By Court" -
Rule 9 inter alia says that where defendant resides within the jurisdiction
of court in which suit is instituted or has an agent resident within that
jurisdiction who is empowered to accept the summon it shall, unless
court otherwise directs, be delivered to proper offices, to be served by
him or to such courier services as all approved by the court.

() Service by courier. –
Sub rule (3) as amended in year 2002 says service of
summons may be made by delivering or transmitting a copy thereof by
registered post A.D. or by speed-post or by such courier services as
approved by High Court or Court referred in sub-rule (1). However
service of summons under this rule shall be made at the expense a
plaintiff.

(5) Substituted Service: ( write from ashok jain)


 Order V Rule 20 of the Code of Civil Procedure provides
for substituted service. It lays down that where the court is satisfied that
there is no reason to believe that the defendant is keeping out of the way
for the purposes of avoiding service, or that for any other reasons the
summons cannot be served in the ordinary way, the court shall order the
summons to be served by affixing a copy thereof in some conspicuous
part of the house, if any, and in which the defendant is known to have
last resided or carried on business or personally worked for gain or in
such other manner as the court thinks fit.
Sub-rule 1 - A added to the said Rule, by the Amendment
Act of 1976, further provides that where the court acting under Sub-rule
(1) orders service by an advertisement in a newspaper, the newspaper
shall be a daily newspaper circulating in the locality in which the
defendant is last known to have actually and voluntarily resided, carried
on business or personally worked for gain.

(6) Service on Soldiers, Sailors or Airman:


Rule 28 of Order V of the Code of Civil Procedure pr
ovides that 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.

() Service on Corporation :
Order XXIX Rule 2 of the Civil Procedure Code deals
with service on corporation. It provides that where the suit is against a
corporation, the summons may be served: (a) on the secretary, 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.

(7) Service on defendant resides within the jurisdiction of another


court. –
Service of summons on the defendant who resides
within the jurisdiction of another court is to effected in accordance with
Rule 25 Order V the Code of Civil Procedure. It provides that a
summons, in such a case, 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 having jurisdiction in the place where the defendant resides.

(8) Service on defendant residing out of India. –


Rule 25 of Order V of Code of Civil Procedure provides
that where the defendant resides out of India has no agent in India and
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.

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