Summon: Summon is a legal document issued by a court to a person involved in a legal proceeding to intimate the person that his/her presence is required in the court on the given date and time to proceed with the case. Summon may be issued to defendant/respondent or to witnesses. If a summon is not served on the defendant then no action can be taken against the defendant. If the defendant fails to appear before the court after receiving the summon, the court has discretion to decide the case ex-parte.
Procedure for service of summon
Section 27, 28 and Order V Rule 1 to 30 of the Code of Civil Procedure, 1908 contains the provisions for service of Summons on accused and witness.
Order 16 deals with summoning and attendance of witnesses. Order V of CPC contains Rules 1 to 30. These provisions deal with issue and service of summons. Under the Code of Civil Procedure, 1908, there are different modes of effecting service of summons on defendant.
Order V, Rule 19-A provisions for the service of summons, through registered post with acknowledgement. Sub-rule (2) of Rule 19-A is analogous to Section 27 of the General Clauses Act, 1897. The proof that a letter has been posted is usually evidence of its delivery under section 16 of the Evidence Act.
Summons/Notices through E-mail:- The Hon’ble Supreme Court of India, in Central Electricity Regulatory Commission Vs. National Hydroelectric Power Corporation Ltd., (2010) 10 SCC 280], permitted the service of Notice by email along with the ordinary mode of serving notice.
Summons though Whatsapp:- In Tata Sons Limited & Ors vs John Does, 2016, the Delhi High Court permitted the right to serve summons to the defendant via Whatsapp texts as well as by emails to a defendant.
Service of Summons Abroad:-
Order V Rule 25 CPC deals with service where defendant resides out of India and has no agent. Order V Rule 26 provides the procedure to service in foreign territory through Political Agent or Court. Order V Rule 26-A provides that summons to be sent to officers of foreign countries.
Procedure when defendant refused to accept service, or cannot be found:- Order V rules 17 and 19 of CPC is relevant to answer this question. In such situation the summon should be affixed on the door of the defendant where he ordinarily resides or works. Dr. K.C. Verma vs Asstt. Cit, (2004)
Presumptions as to service of summons:- Order 5, proviso to Sub-rule (2) of Rule 19A of C.P.C. provides that where the summons are properly addressed, prepaid and duly sent by registered post with acknowledgement due, notwithstanding the fact that the acknowledgement having been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of the issue of the summons, the Court shall presume that notice is duly served.
Proof of service of summons in divorce O.P :- Service of summons in divorce o.p. on wife is proved by examining process server and marking copy of summons which bears the signature of wife. Refer Bantu Lavanya v. Bantu Rajeshwer – 2009
Service of suit summons to adult member:- When adult female members of defendants refused to receive suit summons, a conclusion can be drawn that summons are served on defendants in view of Order 5 Rule 15, CPC. Refers N. Hanmanth Reddy Vs. Smt. Razia Begum and others – 2013
Substituted service:- For ordering substituted service as per Order 5 Rule 20, CPC it must be shown that the respondent/defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, the summons cannot be served in the ordinary way. (Maganti Krishna Durga Vs. Maganti Anil Kumar – 2015 )
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