Order V CPC Rules 11-15: Service on Defendants, Agents and Adult Family Members
Rules 11 to 15 of Order V of the Code of Civil Procedure, 1908 explain on whom a summons may be served when there are several defendants, when personal service is practicable, when service on an authorised or business agent is sufficient, how service may be effected in suits concerning immovable property, and when service may be made on an adult family member residing with the defendant.
Rule 11 of Order V CPC - Service on Several Defendants
Save as otherwise prescribed, where there is more than one defendant, service of the summons shall be made on each defendant.
The rule requires individual service on every defendant unless another provision of law permits a different method.
Rule 12 of Order V CPC - Service on Defendant in Person or on Authorised Agent
Wherever it is practicable, service shall be made on the defendant in person, unless the defendant has an agent empowered to accept service, in which case service on that agent shall be sufficient.
Personal service is therefore the normal method where practicable, but service on an agent specifically empowered to accept summons is legally sufficient.
Rule 13 of Order V CPC - Service on Agent Carrying on Defendant's Business
(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager or agent who, at the time of service, personally carries on that business or work for that person within those limits shall be deemed good service.
(2) For the purposes of this rule, the master of a ship shall be deemed to be the agent of the owner or charterer.
Rule 14 of Order V CPC - Service on Agent in Charge in Suits for Immovable Property
Where, in a suit to obtain relief respecting immovable property, or compensation for a wrong to immovable property, service cannot be made on the defendant in person and the defendant has no agent empowered to accept service, service may be made on any agent of the defendant in charge of the property.
This rule is confined to suits connected with immovable property and operates where personal service is not possible and there is no separately authorised agent for acceptance of service.
Rule 15 of Order V CPC - Service on an Adult Member of Defendant's Family
Where, in any suit, the defendant is absent from the residence when service is sought to be effected there, there is no likelihood of the defendant being found at the residence within a reasonable time, and there is no agent empowered to accept service on the defendant's behalf, service may be made on any adult member of the defendant's family, whether male or female, who is residing with the defendant.
Explanation: A servant is not a member of the family within the meaning of this rule.
How Rules 11-15 Fit Within Order V CPC
These rules form part of the broader scheme governing valid service of summons. Rules 11 and 12 establish the basic principles of service on each defendant and personal service where practicable. Rules 13 and 14 recognise specified categories of agents, while Rule 15 provides a limited alternative where the defendant is temporarily absent from the residence and no authorised agent is available.
Whether service is legally sufficient can depend on the facts of the case and on compliance with the remaining provisions of Order V, including the rules dealing with acknowledgement, refusal, substituted service and proof of service.