SUMMONS

Q1. What do you mean by Summon? What are the essential elements? State various modes
of service of summon on defendant?
Q2. Discuss the procedure for service of summons

Definition

● A summons is a written notification to a court person authorised to appear before the

court personally.

Essential elements

● The accused and witnesses are summoned in the code of civil proceedings 1908
(hereinafter referred to as the ‘CPC’). The accused are summoned to report the action
against them. Whereas witnesses are called upon to ask for evidence, to produce
documents.
● The concept of the appeal comes from the principle of natural justice of audi alteram
partem (hear both sides). The defendants are only made aware of the proceedings
against them through such appeals. The parties can prove their case with the assistance
of witnesses in the later stage of action.
● The parties seek the support of the court to bring such witnesses to the court. Through
the process laid down in Orden 16 of the CPC, summon are sent to the witnesses. The
parties cannot, without convocation, exercise the presence and case of witnesses. The
dispute can thus no longer be resolved on merits if such a process is initiated. The
attendance of witnesses can’t be achieved.

Mode of service of summons

Summons to defendants
Here the defendant is sent a summon obliging him to be present before the court on the
prescribed day and date for the hearing.

Service of summons where defendant resides in another state

When a summon is sent to another state court for service, it is done as per the rules in that
state.

Service by court
The summons to be sent to the people residing within the jurisdiction of the court shall be
delivered or sent through registered courier service. The receipt shall be signed by the
defendant.

Service by plaintiff
Court, on the application by the plaintiff allows the plaintiff to affect the service of summons
upon defendant.

Service of agents
The summons are served on the manager or any agent of the person to whom summon is
issued

Service on adult member of family

If the person cannot be found/absent then the summons can be given to any adult member of
his family

Service when defendant refuses to accept service

In this case, the serving officer can affix the copy of summons on the house door.

Substituted service
The court can advertise in the newspaper in the locality where the person last resided as a
substitute service if he/she refuses to accept service

In case of non-compliance

● 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.

Recent development

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