Order V CPC Rules 6-10: Appearance, Documents, Witnesses and Service of Summons
Rules 6 to 10 of Order V of the Code of Civil Procedure, 1908 deal with fixing the date for the defendant's appearance, production of documents and witnesses, delivery and transmission of summons for service, and the mode of service. Rule 9A, inserted between Rules 9 and 10, also permits service through the plaintiff in addition to court service where the Court allows it.
Rule 6 of Order V CPC - Fixing Day for Appearance of Defendant
The day for the appearance of the defendant shall be fixed with reference to the current business of the Court, the place of residence of the defendant and the time necessary for service of the summons. The date must allow the defendant sufficient time to appear and answer on the day fixed.
Rule 7 of Order V CPC - Summons to Order Defendant to Produce Documents Relied On
The summons to appear and answer shall order the defendant to produce all documents or copies thereof, as specified under Order VIII Rule 1A, that are in the defendant's possession or power and upon which the defendant intends to rely in support of the defence.
Rule 8 of Order V CPC - Defendant to Produce Witnesses Where Summons Is for Final Disposal
Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for appearance, all witnesses upon whose evidence the defendant intends to rely in support of the case.
Rule 9 of Order V CPC - Delivery of Summons by Court
(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent residing within that jurisdiction who is empowered to accept service, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer for service by that officer or a subordinate, or to a courier service approved by the Court.
(2) The proper officer may be an officer of a Court other than the Court in which the suit is instituted. Where this is so, the summons may be sent to that officer in the manner directed by the Court.
(3) Service may be made by delivering or transmitting a copy of the summons by registered post acknowledgment due, speed post, approved courier service, or by another mode for transmission of documents-including fax or electronic mail service-where provided by rules made by the High Court. The expense of service under this sub-rule is borne by the plaintiff.
(4) Where the defendant resides outside the jurisdiction of the Court and the Court directs service by a mode referred to in sub-rule (3), other than registered post acknowledgment due, Rule 21 does not apply.
(5) Where an acknowledgment or receipt signed by the defendant or authorised agent is received, or where the postal article or other authorised service record shows refusal to accept delivery, the Court may declare the summons duly served in accordance with the rule. The rule also deals with registered-post cases where an acknowledgment has not been received within the prescribed period despite proper addressing, pre-payment and dispatch.
(6) The High Court or District Judge, as the case may be, shall prepare a panel of courier agencies for the purposes of this rule.
Rule 9A of Order V CPC - Summons Given to the Plaintiff for Service
(1) In addition to service under Rule 9, the Court may, on the plaintiff's application, permit the plaintiff to effect service of summons on the defendant and may deliver the summons to the plaintiff for that purpose.
(2) Such service may be effected by or on behalf of the plaintiff by personally delivering or tendering a copy signed and sealed as required, or by a mode of service referred to in Rule 9(3).
(3) Rules 16 and 18 apply to personal service under Rule 9A as though the person effecting service were a serving officer.
(4) If personal service is refused, acknowledgment is refused, or service cannot otherwise be effected personally, the Court may, on application, re-issue the summons for service by the Court in the same manner as a summons to a defendant.
Rule 10 of Order V CPC - Mode of Service
Service of summons shall be made by delivering or tendering a copy signed by the Judge, or by the officer appointed by the Judge for that purpose, and sealed with the seal of the Court.
Practical Meaning of Order V Rules 6-10 CPC
These rules ensure that the date fixed for appearance gives the defendant a realistic opportunity to respond, that documents and witnesses required for the defence are brought before the Court at the appropriate stage, and that summons can be served through recognised physical and electronic modes.
Rule 9 is especially important because the current central CPC text is broader than traditional personal service alone. Depending on the applicable High Court rules, service may include registered post, speed post, approved courier, fax, e-mail or another authorised means of transmitting documents. Rule 9A supplements this by allowing the Court to permit service through the plaintiff.