The foundation of order 5 cpc, is the idea that no one should go unheard. When a lawsuit is filed against a defendant, the court is required to serve the defendant with a summons to appear in court. In actuality, procedural guidelines were established by the Code of Civil Procedure, 1908, to oversee the trial of a civil claim from the beginning to the end. Following the filing of a lawsuit, the party filing the lawsuit must serve the opposing party’s summons.
A service of summons under cpc is a legal document served to a party to a legal case by a court. A summons is issued when someone is the subject of a legal action or when someone needs to appear in court as a witness in a proceeding. This ensures that the person will be present on the scheduled date of the proceeding. When a plaintiff files a lawsuit against a defendant, the court orders that the defendant be served with a summons in order to guarantee a fair trial.
Objectives of summons in cpc
- Notifying someone of any legal action which has been initiated against them is vital.
- The defendant is given the chance to make his case and tell his side of the story.
- The dictum “Audi Alteram Partem,” which translates to “hear both sides,” is the foundation of summons.
- Furthermore, it guarantees fair proceedings and a fair trial in accordance with the principles of natural justice.
- It aids in guaranteeing the attendance of any party directly or indirectly involved in a lawsuit before the court, including witnesses and accused parties.
- To generate the required paperwork.
types of Summons under cpc
- Civil Summons: In a civil case under the CPC, the defendant receives a summons to appear in court. It serves as a means of alerting the accused that a case has been filed against them in court. It is typically served in situations involving contract violations, damage suits, orders for an injunction, lost items, etc.
- Criminal Summons: A criminal summons is a summons to appear in criminal court issued in accordance with the Criminal Procedure Code. The court will list the charges and supporting documentation for the criminal summons in the document and produce summons to witness under cpc.
- Administrative Summons: When we break the law, these are sent by the administrative bodies. The primary administrative summons given out by the law is labour court or tax authority summonses.
- Substituted Service of Summons: This is an exemption to the standard summons procedure under the CPC. In order to grant a substituted service of summons, the court must be persuaded that there is sufficient evidence to conclude that the defendant is purposefully avoiding serving the summons, necessitating the use of an alternative method of service.
content of Summons under cpc
Each summons should state its intended use, such as the resolution of a dispute or the suit’s ultimate determination. The court-appointed appearance date must be stated in the summons, and it must not be an unreasonable date for the defendant to present and respond to the lawsuit.
modes of service of Summons under cpc
Personal or Direct Service:
- In this manner, a copy of the summons is sent to the individual in question, his agent, or any other person acting on their behalf; the recipient of the summons is required to acknowledge receipt of the document.
- The officer delivering the summons has an obligation to make sure that it is served correctly and to affix an endorsement that details the date, time, and mode of service, the name and address of the recipient, and the witness to the summons delivery.
- The order’s rules 10- 16 and Rule 18 address direct or personal service.
Service by the Court
- Rule 9 of the Order addresses summons served by the court.
- It stipulates that the court official must serve the summons to the defendant if he lives within the court’s jurisdiction.
- It may also be served by authorized courier service, mail, fax, message, email, or other means; however, if the defendant does not reside in the jurisdiction, the officer of the court in whose jurisdiction he resides must serve it.
Service by Plaintiff
- Rule 9A of the Order states that the plaintiff may request permission from the court to serve the defendants with a summons.
- In addition to making sure the defendant summons accepts the service, he must provide a copy of the sealed and signed summons signed by the judge or another officer designated by the judge.
- The court will resend the summons as well as serve it to the defendant if they do not accept its service or if it is not possible to serve it in person.
Substituted Service
- A method of serving a summons to defendant in cpc that is used in lieu of the customary method is known as substituted service.
- Rules 17, 19, and 20 of the Order specify two types of replacement service.
Summons by Post
- The Amendment Act of 1976 eliminated a previous provision in the Code that allowed the summons to be served by mail in accordance with Rule 20A of the Order.
The issue and service of summonses to the defendant are explicitly covered by order 5 cpc. It offers a number of guidelines about the issuance of summonses and the methods of service for them.
