Description

Section 27 of the Code of Civil Procedure (CPC), 1908, outlines the procedure for the service of summons on the defendant in a civil suit. The purpose of this section is to ensure that the defendant is formally notified about the suit filed against them, giving them an opportunity to respond to the allegations made in the plaint. This is a crucial part of the judicial process as it upholds the principle of natural justice by ensuring that both parties are aware of the proceedings and have a chance to participate.

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Key Features of Section 27 - Summons to Defendants

1. Service of Summons:

   • Section 27 deals with the mode of service of summons on the defendant in a civil suit.
   • Summons is the official document issued by the court that informs the defendant that a suit has been filed against them and that they need to appear in court on a particular date.
   • Service of summons ensures that the defendant has adequate notice of the proceedings and can prepare a defense.

2. Manner of Service:

   • Summons can be served by personal delivery to the defendant or by sending it through registered post.
   • If the defendant cannot be reached by personal service or if they are evading service, the summons can be served through substitute service. This can include leaving the summons with an adult family member or posting it on the defendant’s residence or business address.
   • If personal service is unsuccessful, the court can also allow publication of the summons in a newspaper (especially when the defendant is absent or cannot be located).

3. Proof of Service:

   • After the summons is served, the person serving the summons (such as the process server) must file a return of service with the court.
   • The return of service is a formal record that shows when and how the summons was served on the defendant.
   • If the defendant fails to appear despite being served, the court can proceed with the case in the defendant's absence.

4. Time for Response:

   • The defendant is typically given a specific period (usually 30 days) to file their written statement or response to the suit. This is to allow the defendant time to prepare their defense.
   • If the defendant does not respond within the stipulated period, the court may proceed with the case without hearing the defendant’s side (i.e., ex parte proceedings).

5. Summons to Corporations and Public Officers:

   • When the defendant is a corporation, company, or a public officer, the summons can be served on the principal officer of the entity. For example, if the defendant is a government department or a corporation, the summons is served on the official authorized to accept the summons on behalf of the defendant.
   • This ensures that the legal proceedings are not delayed or hindered due to the defendant's status as an institution or authority.

6. Defendant Not Found:

   • If the defendant is not found, the court can authorize other methods of service, such as substituted service or even publication in newspapers.
   • The court may also allow service to be effected by leaving the summons with a responsible person at the defendant's residence or place of business.
   • In the case of absconding defendants, the court can issue a proclamation to warn the defendant about the proceedings.

7. Failure to Serve Summons:

   • If the summons is not successfully served, the court may direct further attempts at service or even order substituted service. However, if the defendant deliberately evades service, the court may treat such actions as contempt of court or default and proceed with the suit in the defendant’s absence.
   • The plaintiff may also be required to bear the costs of the service process.

8. Summons in Specific Cases:

   • In urgent cases or when immediate action is needed, the court may issue a shortened summons or expedite the service of summons.
   • For example, in interim relief cases, summons may be served within a very short time frame to ensure that the proceedings are not delayed.

9. Defendant’s Absence After Service:

   • If the defendant fails to respond to the summons or does not appear in court on the scheduled date, the court may proceed ex parte (in the defendant’s absence). This means the court can pass a judgment or order based solely on the plaintiff's allegations and evidence.
   • However, if the defendant later proves that they were unaware of the proceedings or that the summons was not properly served, the court may rehear the case and allow the defendant to defend the suit.

10. Exemption from Service:

• In some situations, the court may exempt the defendant from receiving the summons personally, such as when the defendant is minors, insane persons, or persons who are not available for personal service.
• In these cases, service can be made on their legal guardians or authorized representatives.

Punishment

1. Failure to Respond to Summons:

   • If the defendant fails to appear after being properly served with a summons, the court may pass an ex parte (default) judgment. This means the court will make a decision based solely on the plaintiff’s allegations, and the defendant will lose the opportunity to present a defense.
   • In such cases, the defendant may be penalized in terms of costs or by having to compensate the plaintiff for the legal expenses incurred due to the defendant’s failure to respond.

2. Evading Service:

   • If the defendant is found to be deliberately evading the summons, they may be held in contempt of court, and legal penalties could apply. This may include fines or even imprisonment, depending on the severity of the evasion.
   • Substituted service (such as newspaper publication) can be ordered by the court in such cases, but further evasion may lead to harsher consequences.

3. Failure to Pay Court Fees or Non-compliance with Procedure:

   • If the defendant or plaintiff does not comply with the procedural requirements for serving summons (e.g., failure to pay court fees), the court may dismiss the suit or impose costs on the party at fault.

4. Improper Service of Summons:

   • If the summons is not served correctly according to the prescribed methods, such as incorrect service or evasion of personal delivery, the plaintiff may have to bear the costs for incorrect or inadequate service.
   • The court may also order fresh summons or allow the plaintiff additional time to serve the defendant properly.