DR.

RAM MANOHAR LOHIYA NATIONAL LAW

CIVIL PROCEDURE CODE PROJECT

SUMMONING PROCEDURE AND PRACTICES

SUBMITTED TO: SUBMITTED BY:

PROF. VIPUL VINOD VINAYAN SINGH | ER. NO- 230101087

ASSISTANT PROFESSOR B.A. L.L.B. 2nd YEAR

(LAW)

DR. RAM MANOHAR LOHIYA

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 DECLARATION

I hereby declare that the project “Summoning Procedure And Practices” submitted by me to
Dr. Ram Manohar Lohiya National Law University, Lucknow, Uttar Pradesh, in partial
fulfilment of the requirement for the award of the degree of B.A. L.L.B. (Hons) is a recorded
project work carried out by me under the guidance of Professor Vipul Vinod. I further declare
that the work reported in this project has not been submitted earlier and will not be submitted
by me, either in part or in full, for the award of any other degree or diploma to me in this
institute or any other University.

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TABLE OF CONTENTS
CIVIL PROCEDURE CODE PROJECT............................................................................................1

SUMMONING PROCEDURE AND PRACTICES..........................................................................1

INTRODUCTION ...........................................................................................................................4

WHO CANNOT BE SUMMONED ................................................................................................4

LIST OF WITNESSES .....................................................................................................................5

ESSENTIALS IN A SUMMONS.....................................................................................................5

MODE OF SERVICE OF SUMMONS ............................................................................................6

SUMMONS OUTSIDE THE COURT’S JURISDICTION ...............................................................7

NON-COMPLIANCE WITH SUMMONS .....................................................................................7

LEGAL PROVISIONS: ................................................................................................................7

PURPOSE OF ISSUE OF SUMMONS: ......................................................................................8

MODES OF SERVICE OF SUMMONS ......................................................................................9

CONCLUSION ............................................................................................................................. 11

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 INTRODUCTION

A summons is a written notice served on a person under the authority of the court to
appear personally before the court. Summons in Civil Procedure Code, 1908 (hereinafter
referred to as “CPC”) are served on the defendants and witnesses. Defendants are
summoned to intimate the suit filed against them. Whereas as the witnesses are summoned
to demand evidence or to produce documents or both.

The concept of summons emanates from the natural justice principle of audi alteram
partem (hear both sides). Only through such summons, the defendants become aware of
proceedings against them. In the later stage of a suit, the parties can prove their case with
the help of witnesses. To bring such witnesses to the court, the parties seek the court’s
support. Thus, summons are sent to the witnesses through the procedure laid under Order
16 of CPC. Without summons, the parties cannot enforce the presence of witnesses and
establish their case. Bereft of such process, the attendance of witnesses cannot be achieved
thereby the dispute cannot be resolved on merits1.

WHO CANNOT BE SUMMONED

According to CPC, certain people cannot be summoned to appear in person. So, it should
be made sure that a summon is not served to such people. According to Rule 19 of Order
16, the court cannot serve summons to persons who are residing outside the original
jurisdiction of the court. The rule is exempted if such a person’s residence is situated less
than fifty miles from the courthouse and even in the case where the person’s residence is
situated less than two hundred miles from the courthouse where there is an availability of
public transport.
Apart from this, women according to certain customs who do not appear in public cannot
be summoned to appear in person before a court nor arrested under Section 132 of CPC.
Further, Section 133 exempts person holding constitutional positions from personal

1
Hemant More, “Summons: (Ss. 61 – 69 of CrPC)” (The Legal Quotient)
https://thelegalquotient.com/procedural-
laws/crpc/summons/2599/#%3A~%3Atext%3DSummons%3A%20(Sections%2061%20%E2%80%93%2069
%20of%20CrPC)%26text%3DChapter%20VI%20of%20the%20Code%2Carrest%2C%20or%20proclamation
%20and%20attachment accessed 11 March, 2025
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 appearance in the court. Thus, such persons cannot be summoned by the Courts either.
Lastly, Rule 30 of Order V provides for substitution of letter for summons to such
defendants, who in the opinion of the Court, are of a rank which entitles such defendants
such mark of consideration.

LIST OF WITNESSES

Order 16 Rule 1 of CPC stipulates that a list of witnesses has to be submitted to the court
by the parties. Such a list consisting of witnesses has to state details such as whether the
witnesses are summoned for giving evidence or to produce documents or both. This list
has to be submitted within fifteen days from the date on which the issues are framed.
Moreover, the Court may condone the delay and receive such list even after 15 days 2.

But the entire summons process itself is not mandatory under CPC. A witness can also be
produced before the court without the name in the witness list or even without a summons
under Rule 1A of Order 16. This is used in cases where the party does not require the
court’s help in bringing a witness to the court. So, only when the party is unable to bring
aathe witness by himself, the court’s help is sought and a summon is sent. Furthermore,
the party summoning the witness must submit into the Court a sum equivalent to the travel
expenses and stay of the witness (one day); and such amount is to be provided to the
witness at the time of service of summons.

Under Rule 14 of Order 16, the court may also summon a witness suo motu if the Court
finds it necessary to serve justice. The court may examine such witnesses on its discretion
and may require such a person to produce any evidence or documents he can.

ESSENTIALS IN A SUMMONS

As per Order 5 Rule 1, the basic necessity in any summons is the sign of the Judge and seal of
the court issuing the summons. With respect to the summons to a witness, Rule 5 of Order16
states that particulars such as date and time at which the witness is required to attend are to be

2
N Balraju v. G Vidhyadhar AIR 2004 AP 516
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specified. In the case of a defendant receiving a summon, the purpose for which the defendant
is being called upon must also be mentioned in a summons. Along with these, the reason for
the procurement of the attendance of the witness such as to give evidence or to produce a
document or both should also be mentioned in the summons. If the witness is called for
producing any document, the name and description of the document required should also be
mentioned in the summons.

Additionally, while serving summons to a defendant, a copy of the plaint is to be annexed with
the summons in order for the defendant to present his Written Statement to the Court at the
date not exceeding 30 days from the service of summons (with condonation of delay running
for another 60 days).

MODE OF SERVICE OF SUMMONS

Summons to a witness can be served in different ways as it is served to a defendant under

The court can serve the summons through its court officer or by registered post
acknowledgement due. This shall be the most preferred method as there is a proof of
acknowledgement slip and there can be no false report of service of summons. If the
person consciously avoids the summons and cannot be reached by any means, the court
officer can affix the summon on the door or the other conspicuous part of the house where
the person resides or on the place where the person carries business. This is referred as
Substituted Service of summons under Rule 20 of Order V. However, it must be noted
that such summons are not regular mode of delivery of summons and must only be used
3
as a means of last resort and satisfaction of certain criteria .

The Supreme Court recently in a suo moto writ petition for the extension of limitation
period due to lockdown held that digital media such as WhatsApp, Telegram and Email can
be used to send summons. It was also held that the blue tick in WhatsApp can be

3
Basant Singh v. Roman Catholic Mission (2002) 7 SCC 531
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 considered as the acknowledgement of the service 4.

SUMMONS OUTSIDE THE COURT’S JURISDICTION

A court cannot summon a person residing outside its jurisdiction. In that case, Order 5
Rule 21 provides that the court may issue the summons to a court having jurisdiction over
the person’s residence through its officer or by other means such as post or electronic mail
service. Then Rule 23 enables such a court to which the summons is sent to serve the
summons.

According to Section 31 of CPC, Section 27, 28 and 29 can also apply in the case of
summons to witnesses. Wherein Section 28 in service of summons outside the State states
that the summons has to be sent to a court with jurisdiction in the other State and it has to
be in accordance with the rules in the transferee State. Such a court can serve the summon
and a translation can also be made accordingly. Similarly, under section 29, a foreign
summons passed by a court in India which does not come under CPC or a court under the
authority of Central Government of Indian outside India or a court notified by the
Government in official gazette under the section can be sent to courts under the CPC for
service of such summons.

COMPLIANCE WITH SUMMONS

Legal Provisions:

Order V of the Civil Procedure Code, 1908 (hereinafter, CPC) deals with the procedure of
service of summons on the defendants and respondents in a civil suit while Order XVI of the
Code deals with the procedure of service of summons on the witnesses in the proceeding.
There are 30 rules under Order V that give detail explanation of the procedure of issue and
service of summons distinctly.

Rule 1 states that when the plaintiff has filed the plaint and the plaint has been admitted by
the court, the court should issue a summon calling the defendant to answer the claims of

4
Re: Cognizance for Extension of Limitation [Suo Moto W.P. (C) No. 3/2020], 10 July, 2020
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the plaintiff and file a written statement which is basically a reply to the plaint.
Rules 11 to 15 explain service of summons when there are more than one defendants.
According to these rules, summon should be served to each of the defendants individually and
in person as far as practicable. Rule 13 and 14 provide that a summon can be served to the
agent of the defendant or any representative in his place of work and that shall complete
proper service of summons5.

Purpose of Issue of Summons:

As aforementioned, summons are issued to two types of persons in any civil proceeding,
i.e. the defendant against whom the suit is instituted and the witnesses who need to be
called to decide the case. The purpose to serve a summon to a defendant is to allow him
to explain his case and his response to the claims of the plaintiff and further enable him
to file a written statement within the specified statutory period. ‘

On the other hand, summons are served to the witnesses because the witnesses may refuse
to be present in the court on the request of the parties and deny the knowledge of such
hearing. Therefore, summon is issued to ensure that the witness knows about the
proceedings and can testify for the same.

Let’s say summons were not there in the Indian laws, it would have been very convenient
for the parties or witnesses to deny the information about the case and refuse to appear
before the court stretching every case to a very long and tidy process.
Since the CPC provides for the issue of summons, cases can be disposed of as soon as
possible. If the summoned person appears on the date ushered, the case continues without
adjournment and moreover, the court is empowered to pass an ex-parte decree, i.e. award in
favour of the party who is present in the court if the other party does not appear even after
receiving the summons.

In case the witness fails to comply with the summons served, the person will face
consequences laid under Rule 10 of Order 16. On such a situation, it is given that the court
may issue a proclamation stating the person to be present at a specific time and date for

5
Dr. Y Srinivasa Rao, “Issue and Service of Summons: (Legal Bites) https://www.legalbites.in/issue-and-service-
of-summons-in-civil-and- accessed 11 March, 2025
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giving evidence or to produce the document and a copy of the proclamation has to be affixed
on the witness's outer door or any conspicuous part of the house. Along with this, the court
on its discretion may also issue a warrant to arrest the person for not appearing. Rule 12
states that the court could impose a fine less than five hundred rupees for non-appearance.
Pertaining to which the court could also attach the property of the person in order to recover
the fine if imposed. All this consequence could be avoided if the person gives any lawful
excuse to the court for his absence 6.

Modes of Service of Summons :

On the other hand, when the summon is taken to the person who is being summoned either
by the court officer himself or through the post, it is called service of summons. If the
person accepts the summons, it is said that service is complete and if the person does not
receive it for any reason, the service is attempted but failed.
Rule 10 of the CPC provides that summon must be served by delivering a copy of the
original summoning document prepared by the judge to the defendant sealed with the
court’s seal and signature. There are many ways of service of summons under the CPC
that have been recognized by the courts. These are:

1. Service by hand: This is the oldest and still preferable mode of service of
summons. The plaintiff or the court officer, depending on the order of the
judge, carries a copy of the actual summon and delivers it to the defendant
or the witnesses purported to be summoned through that document. The
serving person keeps an additional copy of the summon or directory with
details of the person receiving the summon and the same has to be
acknowledged by the other party. This method was the oldest mode when
post and electronic means were absent and delivery by hand was the only
option.
2. Service by Post: A summon can be delivered to the summoned person by
sending it through the post. Posting of summons replaced the delivery by
hand because it was convenient and maximum summons could be served in

6
Sai Aravind R,”Pre-requisites to be followed when issuing summons to witnesses” (iPleaders)
https://blog.ipleaders.in/prerequisites-followed-issuing-summons-witnesses/ accessed 11 March, 2025
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 the same without compromising with the time of the court. A summon must
be sent through registered post such as India Post. The post office allows the
sender to track the summon and the tracking receipt is required to be
produced before the court to prove that the summon was served successfully.
This mode has only one loophole that it is time-consuming and receipt of
summons in many cases can take up to a week’s time.
3. Service by E-mail: With the passage of time and development of technology,
the courts have been inclined to use electronic means to serve summons and
notices to save time and money. In the case of Central Electricity
Regulatory Commission v. National Hydroelectric Power Corp. Ltd7., the
apex court allowed the service of a notice through email but ordered that a
copy should also be sent through post. Further, in KSL Industries v. State of
Maharashtra, the Bombay High Court8 made a significant remark and held
that there is a lot of delays caused in legal proceedings due to unserved
summons. Therefore, all practical means should be used to avoid this delay
and hence, e-mail can be used to serve summons.
4. Service through WhatsApp: WhatsApp, needless to explain, is one of the
most popular messaging application used by people all over the world. The
application has threefold tests to check the status of a sent message. It
provides ‘one tick’ for messages that are sent, ‘double tick’ for messages
that are received and ‘a blue double tick’ for messages that have been either
read or at least opened. In Tata Sons v. John Doe9, the Delhi High Court
permitted the plaintiff to serve summons to the defendant via WhatsApp and
e-mail. The landmark case in this regard, however, is Ruma Pal v. Kumar10.
In this case, the defendant husband had fled to Australia to avoid any suit
filed by his wife for domestic violence and it was very difficult to serve
summons while he was in Australia. Justice Surabhi Sharma of the Delhi
High Court allowed the plaintiff to serve the summons through WhatsApp
and also held that double tick on WhatsApp shall be the conclusive proof of
the receipt of the summons.

7
Central Electricity Regulatory Commission v. National Hydroelectric Power Corp. Ltd (2003) SCC OnLine SC
651
8
KSL Industries v. State of Maharashtra, the Bombay High Court 2017 SCC OnLine Bom 2779
9
Tata Sons v. John Doe 2017 SCC OnLine Del 8335
10
Ruma Pal v. Kumar 2001 Supp(3) SCR 619
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 CONCLUSION

Once the issues are framed in a civil dispute, the parties initially have to classify the witness
whom they can bring by themselves and whom they cannot. Accordingly, a list of witnesses
consisting of witnesses who can be produced only with the court’s assistance has to be made
and submitted to the court. Thus, the summons are issued and they should be served on the
witnesses in modes prescribed by the statute. By which those witnesses become legally
responsible to attend the proceedings. Such witnesses will be penalized if they don’t obey the
summons and appear before the court. Criminal sanctions for the failure to obey the
summons illustrates the significance of summons to witnesses. In a dispute, the witnesses
usually have no interest in the case. They have nothing to lose if they don’t carry out the
responsibility of a witness. But a summon from court creates a liability on the person to
whom it is issued. By which the person has to attend unless they come under the given
exceptions. The reason behind such a coercive process is to obtain a just decision in the end
which can be done based only on the evidence and documents acquired from the witnesses.

The procedural framework under Order V and Order XVI of the Civil Procedure Code, 1908
(CPC) ensures the effective administration of justice by compelling witness participation in
civil disputes. Under Order XVI, parties are required to classify witnesses they can
independently produce and those requiring court intervention, submitting a formal list of the
latter to the court. The court then issues summons to such witnesses, invoking its coercive
authority under Order XVI, Rule 10, which mandates their attendance and imposes penalties
(e.g., fines, warrants, or property attachment) for non-compliance. The service of summons,
governed by Order V, adheres to statutory modes such as personal delivery, substituted
service, or postal service, ensuring legal validity. Once served, witnesses are bound to
appear unless exempted under exceptions like illness or undue hardship. This coercive
mechanism, reinforced by criminal sanctions under provisions like Section 174 of the Indian
Penal Code (IPC), underscores the state’s commitment to securing evidence critical for a fair
adjudication.

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