1. Introduction
The issuance and service of summons form the procedural link between the court and the defendant, ensuring fair notice and opportunity to defend. The Civil Procedure Code (CPC) regulates this process primarily through Sections 27, 28, 31 and Orders V, VI, and IX. These provisions ensure that no party is condemned unheard and that proceedings begin in accordance with principles of natural justice.
2. Section 27 – Institution of Suits and Issue of Summons
Section 27 mandates that once a suit has been duly instituted, the court shall issue a summons to the defendant to appear and answer the claim on a date fixed by the court. The object is to inform the defendant of the proceedings and afford a reasonable opportunity to contest.
- Summons must contain a clear statement of the relief claimed and the date of appearance.
- The court may direct filing of a written statement under Order VIII within the prescribed time.
- Failure to issue or properly serve summons can render subsequent proceedings voidable.
3. Section 28 – Service of Summons Where Defendant Resides in Another State
Section 28 provides the mechanism for inter-State service of summons. When the defendant resides or carries on business in another State, the court may send the summons for service to the District Court within whose jurisdiction the defendant resides.
The District Court then serves the summons as if it had been issued by itself and returns the proof of service. This ensures nationwide enforceability of summons within India’s federal judicial structure.
4. Section 31 – Summons to Officers of the Government
Section 31 deals with the procedure for serving summons on public officers or government servants. It authorizes service through the head of the department or other designated superior officer. The objective is to maintain administrative propriety while ensuring effective notice to the concerned officer.
5. Order V – Detailed Procedure for Issue and Service of Summons
Order V elaborates on the form, manner, and proof of service of summons. Key provisions include:
- Rules 1–3: Summons must be signed by the judge or an authorized officer and bear the court’s seal.
- Rule 9: Service ordinarily effected by a court officer or approved process server.
- Rule 9A: Permits service by the plaintiff with court’s permission, to expedite process.
- Rule 12–15: Personal or substituted service — if defendant cannot be found, summons may be left with an adult family member or affixed at the last known address.
- Rule 17–20: Affixation, publication, or other substituted service when defendant is evading service.
- Rule 19: Service must be verified by affidavit and report of the serving officer.
The emphasis is on genuine, verifiable service to prevent ex-parte decrees obtained without notice.
6. Order VI – Relationship Between Pleadings and Summons
Though primarily dealing with pleadings, Order VI complements the summons process by requiring that the plaint clearly state the reliefs and grounds to be communicated through the summons. A defective plaint or vague pleadings may lead to invalid summons or inability of the defendant to respond effectively.
7. Order IX – Consequences of Non-Appearance
Order IX governs the procedure when a party fails to appear after service of summons:
- Rule 6: If the plaintiff appears but the defendant does not, and service is proved, the court may proceed ex parte.
- Rule 7: Defendant may later apply to set aside ex-parte order by showing sufficient cause for absence.
- Rule 13: An ex-parte decree can be set aside if the defendant satisfies the court that summons were not duly served or that there was good cause for non-appearance.
Thus, procedural fairness is preserved by allowing rectification where genuine service defects occur.
8. Modern Modes of Service
Recognizing practical challenges, courts have permitted electronic service of summons through email, WhatsApp, or other digital platforms, particularly after the Supreme Court’s guidance in In Re: Cognizance for Extension of Limitation (2020). However, proof of delivery or acknowledgment remains mandatory.
9. Judicial Interpretation
- In Yallawwa v. Shantavva (1997 8 SCC 715), the Supreme Court held that proper service of summons is a condition precedent to an ex-parte decree.
- In Neerja Realtors Pvt. Ltd. v. Janglu (2018 2 SCC 649), the Court emphasized that substituted service can be resorted to only after diligent attempts at personal service.
- Courts have also ruled that minor procedural defects in summons do not vitiate proceedings if actual notice and opportunity to defend are proven.
10. Importance and Object of Summons Procedure
The summons procedure guarantees that litigation proceeds transparently and with due process. It provides notice, preserves the adversarial structure, and ensures the defendant’s right to be heard before judgment. Proper compliance with summons provisions sustains the legitimacy and fairness of civil adjudication.
11. Conclusion
The provisions relating to summons under the CPC (Sections 27, 28, 31 and Orders V, VI, IX) constitute the procedural gateway to civil trials. They secure the principles of audi alteram partem and due process by ensuring that every defendant receives fair notice before any adjudication. Diligent adherence to these rules is essential to uphold justice and avoid miscarriages of procedure.