Beruflich Dokumente
Kultur Dokumente
Introduction
A summon is a legal document that is issued by a Court on a person involved in a legal
proceeding. When a legal action is taken against a person or when any person is
required to appear in the court as a witness in a proceeding, to call upon such person
and ensure his presence on the given date of the proceeding, summons are served.
A summon is served when a suit has been initiated by the plaintiff against the
defendant, the court directs to issue summons to the defendant as this ensures a fair
trail. If the summons are not duly served then no action can be taken against the
defendant.
If on serving of the summon and the person against whom it had been issued does not
appear in the court then this will be taken as a Contempt of Court and shall be punished
accordingly.
Relevant Provisions
Relevant provisions regarding the topic of service of summons to defendant Section 27 and order 5 and 1 and 10 to
20 of CPC.
Cross Reference
(i) Order 16 of C.P.C
(ii) Section 64 to 74 of Code of Criminal Procedure
(iii) Section 27 of General Clauses Act, 1897
Meaning of Summons
Summons may be defined as under A written notification issued by a civil courtrequiring that one must appear before
the court in prescribed manner
1. Postal Service
Under order 5 Rule 10-A of CPC, a copy of summons would be sent by registeredpost.
Effect
A postal service is deemed to by effect;
3. Service by Affixation
When personal service is failed to serve to the summons than summons may be served by service by affixation.
(a) Substituted service can be made by affixing copy of summons at some conspicuous part of that house in which
defendant is known to have last resided or carried on business or personally worked for gain.
(b) Substituted service can be made through any electronic device of communication like telegram, telephone,
phonogram, telex, radio or television.
(c) Substituted service can be made through urgent mail service or public courier services.
(d) Substituted service can be made through beat of drum in that locality where defendant resides.
(e) Substituted service can be made through publication in press.
(f) Substituted service can be made through any other manner or mode, which court thinks fit.
(iii) Effect
The substituted service shall be as effective, as if it had been made on the defendant personally and the court may
pass an ex-parte decree, on non appearance of defendant.
Conclusion
To conclude, it can be stated that audi alterem partem is one of fundamental principles of natural justice. Audi alterem
partern means hear the other side. Tohear the other side, it is important for court to call defendant after initiation of
suit. For calling of defendant, Civil Procedure Code has provided different modes of service of summons.