Code of Civil Procedure, 1908 | Order V
Order V Rules 21, 22, 23, 24 and 25 CPC: Service of Summons
Rules 21 to 25 of Order V of the Code of Civil Procedure, 1908 deal with service of summons where the defendant is within the jurisdiction of another Court, service in the former presidency-towns, the duty of the receiving Court, service on a defendant confined in prison, and service on a defendant residing outside India who has no agent in India empowered to accept service.
India Code - Code of Civil Procedure, 1908
Order V Rule 21 CPC Service where defendant resides within jurisdiction of another Court
A summons may be sent by the Court by which it is issued, whether within or without the State, either by one of its officers or by post, approved courier service, fax message, electronic mail service, or any other means permitted by rules made by the High Court, to any Court other than a High Court having jurisdiction in the place where the defendant resides.
The provision facilitates service through the Court having territorial jurisdiction over the place where the defendant resides. Order V Rule 9 should also be read with Rule 21 because Rule 9 permits specified direct modes of service in appropriate cases.
Order V Rule 22 CPC Service within the former presidency-towns
Where a summons issued by a Court established beyond the limits of the towns historically referred to in the central CPC text as Calcutta, Madras and Bombay is to be served within those limits, the summons is to be sent to the Court of Small Causes within whose jurisdiction it is to be served.
The terminology is historical. Present-day court practice should be checked against applicable local High Court amendments, territorial reorganisation and current rules governing service.
Order V Rule 23 CPC Duty of Court to which summons is sent
The Court to which a summons is sent under Rule 21 or Rule 22 shall, on receiving it, proceed as though the summons had been issued by that Court. After taking the required steps for service, it shall return the summons to the Court of issue together with the record, if any, of the proceedings taken in relation to service.
Order V Rule 24 CPC Service on defendant in prison
Where the defendant is confined in a prison, the summons is to be delivered or transmitted to the officer in charge of the prison for service on the defendant. The central CPC permits transmission by post, an approved courier service, fax message, electronic mail service, or another means provided by rules made by the High Court.
Order V Rule 25 CPC Service where defendant resides outside India and has no agent
Where a defendant resides outside India and has no agent in India empowered to accept service, the summons is to be addressed to the defendant at the place where the defendant resides and may be transmitted by the modes recognised by the CPC, including post, an approved courier service, fax message, electronic mail service or another method provided by rules made by the High Court, where the applicable conditions for transmission are satisfied.
Special provisions concerning Bangladesh or Pakistan
The central text of Rule 25 contains special provisos for certain defendants residing in Bangladesh or Pakistan. In the circumstances stated in the Rule, the summons together with a copy may be sent for service to a competent Court in that country, other than a High Court.
A further proviso deals with specified public officers, railway employees and local-authority servants in Bangladesh or Pakistan, subject to the officer or authority specified by the Central Government by notification in the Official Gazette.