NAME :.

KINZA AZEEM
ROLL. # 48045
SUBJECT : CPC
SUBJECT TEACHER : SIR ARIF

ASSIGNMRNT TOPIC : Services

of summons through moderan
devices, with reference to kpk
amendments in section 27 of
the cpc with suggestion.
Services of summons through
moderan devices, with
reference to kpk amendments
in section 27 of the cpc with
suggestion.

Introduction:-
A summons 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 court proceedings, to call upon such person and ensure his presence on the given date of
the proceedings, summons is served. If the summons is not duly served then no action can be taken
against the defendant. If defendant fails to attend court after receiving summons, he will be ex-parte by
the Court. Section 27 and Order V of the Code of Civil Procedure, 1908 (In short ‘CPC’) deal with ‘Service
of Summons’ on the defendant/Respondent. Order 16 deals with summoning and attendance of
witnesses. Sections 61 to 69 of Cr.P.C deals with service of summons on accused and witness. This article
is only confined to service of summons in a Civil Proceedings. Order V of CPC contains Rules 1 to 30.
These provisions deal with issue and service of summons. Under the Code of Civil Procedure, 1908,
there are different modes of effecting service of summons on defendant. It is needless to say that non-
service of summons and notices in a civil suit proceedings is a great hurdle for speedy disposal of a civil
suit. There are several reasons for non-service of summons to defendant in time. Furnishing correct
address of the defendant in the plaint would be helpful to avoid delay in service of summons. Recently,
the Courts have expanded the scope of service of summons through information technology. We often
across with the situations that in many civil cases, defendant takes plea that summons was not duly
served on him. Similarly, in general, court often use the method of substitute of service of summons by
way of paper publication.n which his name was published in widely circulated newspaper and therefore
he could not see it. We know the difficult to cause service of summons to defendant when he resides in
abroad. If a spouse gets divorce without valid service of notice in a divorce case, the mental agony of the
other spouse cannot be explained in terms and so also the agony of defendant in a money suit, when
the plaintiff obtains exparte decree without valid service of notice. I, therefore, opine that it is very
essential to know the procedure as to valid service of

summons/notice.
Summons, also called Citation, in law, document issued by a court ordering a specific person to appear
at a specific time for some specific purpose. It is issued either directly to the person or to a law officer
who must carry out the instructions.

HOW SERVED
Every summon shall be served by a police officer, or by an officer of the court issuing it or any other
public servant. The summon shall if practical, be served personally on the person summoned, by
delivering or tendering to him one of the duplicates of the summons.

MODES OF SERVICE OF
SUMMON
This is a form of legal process that instructs the defendant to appear before the court on a specific day
and to answer the complaint made by the plaintiff.

Kpk amendments in section 27

of the cpc
Section 27

Section 27 of Code of Civil

Procedure 1908 "Summons to
defendants
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer
the claim and may be served in manner prescribed
AMENDMENT IN SECTION 27
IS 27(a)
Amendment of section 27 of Act No. V of 1908.--- In the said Act, in section 27, after the word “claim”,
the words “not later than fifteen days” shall be inserted.

Inertion of new section 27A in the Act No. V of 1908.--- In the said Act, after section 27 as so amended,
the following new section shall be inserted, namely:

Section27(a) Process of
summon
“27A. Process of summons to be simultaneous.---(1) Summons shall be sent
simultaneously unless otherwise ordered by the Court, to the defendant, by registered post
acknowledgment due and another copy of the summons by courier service signed and sealed in the
prescribed manner, or as the Court may determine, by urgent mail service of Pakistan Post, at the cost
of plaintiff.

(2) The acknowledgement, purported to be signed by the defendant, of the receipt of the registered
communication or an endorsement by a courier messenger or postal employee that the defendant
refused to take delivery of the summons shall be deemed by the Court issuing the summons to be prima
facie proof of the service of summons.
(3) Simultaneously, the Court shall order service by-

(a)affixing a copy of the summons at some conspicuous part of the house, if any, in which the defendant
is known to have last resided or carried on business or personally worked for gain;

(b) Any modern device including electronic device of communication which may include mobile,
telephone, telegram phonogram, telex, fax, radio, television etc. in a prescribed manner;

(c) urgent mail service or public courier services;

(d) beat of drum in the locality where the defendant resides;

(e) announcement through, mosque, temple, community centre etc.;

(f) publication in the press in the prescribed manner; o

(g) any other manner or mode as it may thinks fit:

Provided that the Court may order the use of all or any of the aforesaid manners and modes of service
simultaneously.

(4) If the defendant fails to appear, the Court may direct service again by any of the modes mentioned
in sub-section (3) to appear on a date not later than seven days

(5) Location of bailiff or process-server serving the summons shall be monitored by modern devices, in a
prescribed manner, and a photograph shall be taken of the defendant or the premises or the person
accepting summons on behalf of the defendant and be made part of the record as a proof of delivery.”.
Services of summons through
modern devices,Given in
section 27 (a) new amendment
in kpk In civil procedure

Address for Service

Address for service’. Rule 7 of CRP deals with Service of notice. Under 11 [8 (2) & (New) of CRP, Every
pleadings shall contain the address for Service. The address for service shall contain particulars such as
the Municipal or Panchayat number of the house, name of the street and locality.

Procedure for service of Summons/notice:

Where otherwise provided by the Code, or these Rules, or any law for the time being in force, any
notice, directed to be given to any party shall be in writing and may be served by the party or his
Advocate on the other party, or his Advocate personally, or be sending the same by post in a registered
post cover “ACKNOWLEDGEMENT DUE, OR BY SPEED POST OR BY AN APPROVED COURIER SERVICE OR

BY FAX MASSAGE OR BY ELECTRONIC MALE SERVICE OR BY SUCH

MEANS” to the address for service of the party or his Advocate. Under Rule 7 (3), the District Judge
shall prepare a panel of courier services for the Courts situated at the District Head Quarters for sending
summons, notices and other process by such courier service. Under Order 7 and Order 6 CPC, it is the
duty of the plaintiff to furnish in the full cause title and separate and independent addresses which are
known as registered address for service of all the defendants.
Need of making rules and regulations for service of summons and notices through electronic means:- In
this computer era, usage of mobiles and computers has been increasing day by day. So many Apps are
being introduced day by day and social media is now become more powerful tool even for common
people. Within fraction of seconds, messages are being communicated among the people because of
recent computer technology. Sending messages by E-mail, Whatsapp, Telegram, Slack etc., became easy
task to all age groups. The concept of E-courts has been praying vital role in judiciary and is making
efforts for computerization of all courts in India. Now, the Hon’ble Supreme Court expanded the scope
of electronic media in judiciary. But, information technology and notices is not being properly used by all
the courts in service of summons because the court system does not have the facility to effect the
service through electronic mode. Provisions under Part X of the Code of Civil Procedure, 1908 (5 of
1908) and Order V, Rule 9 of the Code of Civil Procedure, 1908 enables the High Court to make rule and
regulations in this regard. The Delhi High Court has also made rules regarding the service of legal notices
through email by the virtue of above legal provisions and other provisions which enables it in this
regard.

Summons/Notices through E-mail:- The Hon’ble Supreme Court of India, in

Central Electricity Regulatory Commission Vs. National Hydroelectric Power Corporation Ltd., (2010) 10
SCC 280], permitted the service of Notice by email along with the ordinary mode of serving notice. In Ksl
and Industries Ltd., Vs Mannalal Khandelwal and the State of Maharashtra, (Criminal Writ Petition No.
1228 of 2004), The Hon’ble Mumbai High Court held that to avoid the delay in legal proceedings because
of unserved summons must be interrupted by using all the practical methods and services including
emails. Summons through e-mail is permitted in In Indian Bank Association & Ors vs Union Of India &
Anr (2014) 5 SCC 590.

Summons though Whatsapp:-

In Tata Sons Limited & Ors vs John Does, CS(COMM) 1601/2016, His Lordship Justice Rajiv Sahai Endlaw
of the Hon’ble Delhi High Court permitted the right to serve summons to the defendant via Whatsapp
texts as well as by emails to a defendant. In a recent case, Justice Surabhi Sharma Vats of the Delhi High
Court allowed a woman to serve the summons to her estranged husband who was living in Australia via
Whatsapp. Moreover, the court considered “double-tick” as valid delivery of summons. In another case,
Bhim Rathke vs Mr. R.K. Sharma on 22 February 2018 Special Judge of Patiala House Courts, New Delhi
dismissed the application of complainant who sought the usage of email and Whatsapp for serving
summons. Rejecting the application, the Hon’ble Court pointed out that the court system does not have
the facility to effect the service through electronic mode. Curiously enough, it is important to note that
claiming the usage of Whatsapp or email is not a matter of right of the applicant rather it is the
discretion of the court to grant permission for the same. Now-a-days, Computer technology is being
advanced day by day, people can take the help of techno experts to escape any problem which involves
technology. The problem is such that there are various hacked versions of Whatsapp, e-mail etc. in this
computer era. I opine that it is better to use recent technology like Whatsapp in serving summons as a
last resort which means that it may be used when all the other available means are exhausted.
However, it cannot be claimed as a matter of right by the applicant because Indian laws explicitly do not
allow it but at the same time, the interpretation of statutes lies with the court which allows judges to
expand the law.

Service of Summons Abroad:-

International service of foreign judicial and extrajudicial documents is governed in general by the 1965
Hague Service Convention. Prior to the enactment of the Hague Service Convention, service of process
in civil cases was generally effected by a letter rogatory, a formal request from the court in the country
where proceedings were initiated or underway to a court in another country where the defendant
resided.

In our country, Order V Rule 25 CPC deals with service where defendant resides out of India and has no
agent. Order V Rule 26 provides the procedure to service in foreign territory through Political Agent or
Court. Order V Rule 26-A provides that summons to be sent to officers of foreign countries. But, in
reality, to serve a notice or summons, practically, in total, one would need to plan for about 4-5 months
for effecting service of summons in a foreign country. In civil or commercial matters, some countries
(like Canada, Australia) charge a fee for serving summons. Most of the parties to the litigation in India do
not know the procedure how to contact Indian Embassy or Consulate to get details in this regard. India
is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial documents in
Civil and Commercial Matters. The formal method for service in India with effect from August 1, 2007 is
pursuant to the Hague Convention. According to this, Indian made certain declarations such as
documents for service must be written in the English language; documents cannot be served via mail;
documents must be served in India indirectly via proper authority; and documents under the Hague
Convention cannot be served directly to the defendants in India by private judicial officer. See. the
website of the Ministry of Law and Justice:lawmin.nic.in .

Presumptions as to service of summons:- Order 5, proviso to Sub-rule (2) of

Rule 19A of C.P.C. provides that where the summons are properly addressed, prepaid and duly sent by
registered post with acknowledgement due, notwithstanding the fact that the acknowledgement having
been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from
the date of the issue of the summons, the Court shall presume that notice is duly served. Further,
Second 27 of the General Clauses Act, 1897 provides similar provision. The presumptions are rebuttable.
It is always open to the defendants to rebut the presumption by leading convincing and cogent
evidence. See. Basant Singh and Anr. Vs. Roman Catholic Mission, AIR 2002 SC 3557. It is settled law that
once the letter is sent through registered post at correct address and AD card is received back bearing
some signatures, the presumption is drawn about its service upon the addressee unless the same is
rebutted. It is held by Hon’ble High Court of Delhi in Smt. Bhavneshwari Devi Vs. Kalyan Singh, 1993 (2)
RCR (Rent) 330 that presumption of service arises in law if the acknowledgement card of registered post
is received back bearing signatures of someone. The Hon’ble Supreme Court has gone even a step
further and held that even if the acknowledgement card is lost or does not come back for any reason,
the presumption of service could still be drawn.

Proof of service of summons in divorce O.P :- Service of summons in divorce o.p. on wife is proved by
examining process server and marking copy of summons which bears the signature of wife. See. Bantu
Lavanya v. Bantu Rajeshwer – 2009 (3) ALT 32.

Before permitting substituted service, Court must be satisfied:- As was held in Chandergupt Arora v.
Smt.Shaheen Khan and others – 2009 (6) ALT 451, before permitting substituted service, Court must be
satisfied that either the defendant is purposefully avoiding receipt of summons or having regard to facts
of the case, it is not possible to serve notice – Substituted service cannot be permitted on the sole
ground that premises of defendant were locked at a given point of time. See also. Yerakareddy
Anathareddi v. Smt. Durba Lakshmi Bhavani

Service of suit summons to adult member :- When adult female members of

defendants refused to receive suit summons, a conclusion can be drawn that summons are served on
defendants in view of Order 5 Rule 15, CPC.(Para 29)(2) Irregularity in service of summons – Even though
suit summons would have been attempted to be served giving sufficient time to defendants to appear at
the hearing, in view of second proviso to Order 9 Rule 13, CPC, the ex parte decree should not be set
aside by Court on an assumed irregularity in service of summons if the defendants had notice of date of
hearing and had sufficient time to appear and answer the plaintiff’s claim. See. N. Hanmanth Reddy Vs.
Smt. Razia Begum and others – 2013 (5) ALT 417. M.S. RAMACHANDRA RAO,j

Service of summons under order 5 rules 1 and 20:- summons issued to the appellant were returned un-
served – as per the nazarath and the endorsement of postal authorities, reason for non-service of
summons is non-availability of the appellant when the summons were about to be served – despite the
correct address given, no steps were taken by the plaintiff in the present suit to serve the appellant on
correct address. (Paras 14 and 15). See. Gulnar Gulabi Vs. Tasneem Sulthana- 2017 (1) ALT 585. A.V.
SESHA SAI,j.

Substituted service:- For ordering substituted service as per Order 5 Rule 20, CPC it must be shown that
the respondent/defendant is keeping out of the way for the purpose of avoiding service or that for any
other reason, the summons cannot be served in the ordinary way. See. Maganti Krishna Durga Vs.
Maganti Anil Kumar – 2015 (5) ALT 346 (D.B.). B SIVA SANKARA RAO and R. SUBHASH REDDY,jj
Publication of notice in Newspaper:- When service of notice is intended by an
advertisement in a newspaper, the Newspaper shall be a daily Newspaper circulating in the locality in
which the respondent/defendant is last known to have actually and voluntarily resided or carried on
business or personally worked for gain. See. Maganti Krishna Durga’s case.

Substitute service is not due service:- As per Explanation to Article 123 of Limitation Act, 1963,
substitute service under Rule 20 of Order 5, CPC shall not be deemed to be a due service. It was held in
See. Maganti Krishna Durga Vs. Maganti Anil Kumar – 2015 (5) ALT 346 (D.B.).

Publication made by plaintiff in a news paper other than the one ordered by Court:- In Basant Singh and
another v. Roman Catholic Mission – 2003 (1) ALT(SC) 1, it was held that its publication made by plaintiff
in a news paper other than the one ordered by Court. However, both the said papers are local dailies
having wide circulation in the area. Such a publication in the circumstances of the case is a mere
irregularity in service of summons. It would not invalidate the effect of substituted service.

Non-Service of summons:- It was held in Maganti Krishna Durga’s case that second proviso to Order 9
Rule 13, CPC makes it obligatory on the appellate court not to interfere with ex parte decree unless it
meets the statutory requirements, showing non-service of summons or where there is sufficient cause
for the wife not appearing before the Court.

Endorsement of process-server:- In Indu Bhushan Vs. Munnu Lal and another – 2008 (3) ALT(D.N.)(SC)
6.2 (D.B), the Hon’ble Supreme Court held that In the case, not one but several process servers have
given notice relating to service and their endorsements were sufficient to show service of notice relating
to appeal. In N. Muthaiah and others Vs. K. Lakshmamma – 1991 (1) ALT 641, it was held that
acceptance of endorsement of process-server by Court is purely a finding of fact. The Court cannot go
into the question whether such endorsement is correct or not.

Effective date of impleadment:- In the ordinary course, impleadment of party would be

from date of order subject to exception in proviso to Section 21 of Limitation Act and further subject to
service of summons. See. Ganapathi (Padala) Suryakumari v.Dr. Erra Ramadevi and another – 2007 (1)
ALT 633.

Summary procedure:- In a suit under Order 37, CPC plaintiff shall take steps to serve summons for
judgment even if defendant entered appearance more than 10 days after service of suit summons
provided an ex parte decree was not passed by the date of such appearance. See. Syed Pasha Vs. G.B.
Prahalad Rao – 2006 (1) ALT 200.
Cancellation of decree:- In a suit for cancellation of ex parte decree, plaintiff has to prove not only
non-service of suit summons on him but also the falsity of suit claim. See. P. Ramalaxmi Vs. Peetala
Tatayya and others – 2006 (1) ALT 79. A. GOPAL REDDY,j.

Service of summons in Rent Control cases:- In Bansilal Yadav v. Suraj Chand Bhagat and others – 2007 (2)
ALT 491, it was observed that under rule 22 (4) of rent control rules, making affixure of summons on the
last known place of abode or business without making efforts to tender service in person or to serve the
same on adult member of their family or to send the same by registered post is not legal.(2) Order of
injunction by Rent Controller. Where demised building is taken possession illegally and is demolished
partly, such demolition would not determine the tenancy when the site of the building continues to exist
and Rent Controller has power to order status quo of structures existing as on that date.(3) Right of
tenant illegally evicted – Tenant who is illegally evicted can seek restoration of possession by filing an
application under Section 8 (3) of Rent Control Rules.

Permission to defend suit:- In summary suits for recovery of money under Order 37, CPC, period of ten
days to file application by defendant seeking permission to defend the suit be computed from the date
of service of summons for judgment and not from the date of service of suit summons. See. Panduga
Veera Reddy v. Bandaru Damodar Reddy and another – 2005 (3) ALT 417. L. NARASIMHA REDDY,j

Order 5 is applicable to Execution proceedings:- It is not in dispute that the procedure contemplated for
service of notice under Order 5 is made applicable for service of notice in the execution proceedings
also. Pappasani Narayana Reddy v. Mandem Reddappa Reddy, 2004 (5) ALT 226.

Process server not making repeated efforts to effect personal service on J.Dr.:- Rule 12 of Order 5
requires that wherever it is practicable, service shall be made on the defendant in person, unless he has
an agent empowered to accept service, in which case service on such agent shall be sufficient, thus the
requirement of law is that effort must be made to serve summons personally on the defendant
(judgment debtor). In this case, it was held that service of sale notice on J.Dr. by affixture is not a valid
service under Order 21 Rule 66 (2) in the absence of process server not making repeated efforts to effect
personal service on J.Dr. and in the absence of court ordering to follow the procedure contemplated
under Order 5 Rule 20, CPC on a report of the process server. See. Pappasani Narayana Reddy v.
Mandem Reddappa Reddy, 2004 (5) ALT 226.

Tenant has got right to get ex parte order of eviction set aside on the ground of non-service of summons
on him as required under law. See. Mirza Rasheed All Safavi Vs. G. Bhaskar Rao – 1993 (2) ALT(NRC) 35.
See also: A.P. Buildings (Lease, Rent and Eviction) Control Rules, 1961, Rule 8(3).
Order 3, Rule 3:- D-2 and D-3 are power of attorney holders of D-1- service of summons on a recognized
agent shall be as effective as on principal party – Hence service on D-1 is effective. See. Syed
Naseeruddin Hasan and another Vs. Mir Ifteqar Ali and others – 1993 (1) ALT(SUPP) 680 (D.B.).

Postal return bearing endorsement of defendant’s refusal:- When there is a postal acknowledgment
signed by the defendant that itself can be treated as sufficient service even if the summons by post is
sent initially but the endorsement by a postal employee of refusal of the summons sent by registered
post cannot be even prima facie proof of service except in a case where the summons so sent by
registered post is after the return of the initial summons unserved. While acknowledge of service of
postal notice could be made proof of service of summons under Rule 9(3) of Order V and the refusal of
the postal notice only when in conformity with Rule 20-A, there is no provisions for declaring the
summons as served when postal notice alone is taken out initially and it bears the endorsement of
refusal. See. Narasamma Vs. Salamma – 1959 (1) ALT(NRC) 63.1.

SUGGETIONS

IN modern time as everything is change then it is also required in the field of law that to make new rules
on the basis of technology that helpfull in the resolving the issues immedialty as new amendment in kpk
cpc is 27 (a) it has a good chnge in which new ways are adopted for processing summon . By this recent
amendment the summon is also send through email , faxing through whtsapp through others electronics
devices which are helpfull for sending dataa or anything .There are lots of merits of this amendment
because first people don't want to brought theirself in front of court they pretend that they didn't get
sumoon and give lame excuse but by this amendment which brings in kpk civil procedure new ways are
adopted for sending summons and by this ways when summon sends the at the spot person receive this
and don't deniy from receiving it because now days everyone using these technology and aware from
world that what was going on then something is send to that person then they obviously receive it and
they reach at the time and if the person which is required in the court are present at the time when
court ask then ctrails of the cases are held at time and no time should b waste .

Proceedings against defendant shall be deemed to have begun only from the date of service of
summons subject to the provision of the Limitation Act. For some reasons, when respondent was not
duly served with notice, by reaons substitute of service notice in paper publication or otherwise, the
respondent would be set exparte. it was observed that In cases relating to setting aside of ex-parte
decree, the guiding principle would be to give opportunity to parties to seek adjudication of dispute on
merits except where one of them has remained indifferent for a prolonged period of unexplained delay.
Of course, it is always there that Court should not refuse to condone delay if it is satisfied about the
explanation offered by party. Use of advanced technology, following the procedure established under
law, is another important tool for speedy service of summons on defendant. Each jurisdiction has rules
regarding the appropriate service of process.

I conclude that in as much as information technology is increasing day by day, it is time to enact the new
legislation and to frame detailed rules for service of summons, notice, documents through electornic
mode and that the training classes for the process servers must be organized to understand the law and
that they also must electronically log their attempts to serve papers using some kind of GPS device, and
keep those records in a database for at least ten years.