What is the procedure of summons in CPC?

What is the Service of Summons?

 Service of Summons is the process of officially delivering a legal notice to a defendant, informing them about the initiation of the lawsuit or legal proceedings against them. It is an important legal step, ensuring the defendant knows about the case and has an opportunity to respond.

 How is Summons Served?

Summons is served in various ways, including personal delivery, registered post and substituted service. Substituted service is posting at the defendant’s last known address or through publication in a newspaper when personal service is not possible.

This method of service is governed by the Code of Civil Procedure (CPC) to ensure proper notice and a fair opportunity for the defendant to appear and defend in the court.

When is the Summons issued?

The court issues a summons after accepting the plaint and registering the case. The summons must be issued within a reasonable time after the case has been filed to ensure that the defendant has ample time to respond.

Who serves the Summons?

A Court officer or process server to the defendant serves the summons.

Procedure of Summons in CPC 

·         Issuance of Summons: Once the plaintiff, a person initiating a lawsuit, files a plaint (written statement) with the court, it issues a summons. The court accepts the plaint, and it issues a summons to the defendant. Once the plaint is filed, the court is obligated to issue the summons promptly to notify the defendant.

·         Contents of the Summons: The summons must include the following key information, including the court name, parties’ names, nature of the case, time and place of appearance and the instructions for responding to the summons. The summons may be an action summons or a summons for a provisional sentence, depending on the type of relief being sought.

·         Service of Summons: Service of Summons is a key step in ensuring that the defendant is aware of the legal action. They must be served on the defendant within a specific time limit, allowing them to respond.

·         Appearance and Response: Once the defendant is served with Summons, they are required to respond by filing a notice of intension to defend or plead to claim. The defendant usually has 10 to 15 days from the date of service to file their response.

·         Summons for Particular Relief: The action summons is used for initiating general claims where the plaintiff seeks monetary compensation or specific performance. A summons for provisional sentence may be used when the plaintiff seeks immediate enforcement of a claim.

·         Default Judgment: If the defendant does not appear in court or respond to the summons, the plaintiff can apply for default judgment. This is a judgment granted in favor of the plaintiff because of its lack of response to the appearance.

The Summons procedure is outlined in the Civil Procedure Code. It ensures the legal proceedings are initiated fairly and transparently.