Summons: Definition, Types, and Legal Importance
A "summons" is a formal legal document issued by a court to inform a defendant that a lawsuit has been filed against them. It instructs the defendant to appear in court on a specified date to respond to the claims made. The procedural details of summonses are governed by the Code of Civil Procedure, 1908 (CPC), which outlines the process for serving summonses to ensure that the defendant receives adequate notice.
Issuance and Service of Summons
According to Section 28 of the CPC, a summons must be sent to the defendant and served within thirty days of the suit's initiation. If the defendant is located in a different state, the summons must adhere to the laws of that state. The court receiving the summons will handle it as if it had issued the summons itself, returning it with a record of the proceedings to the original court.
If a summon is served in another state and is not in the court's official language, it needs to be translated. For example, if the summons is in Hindi and the court uses a different official language, it must be translated into that language. If the summons is in a language other than Hindi or English, it must be translated into the court's official language.
When it comes to international service of summonses, Section 29 of the CPC outlines the procedures. Summonses and other legal documents can be issued by:
1. Any established Indian Civil or Revenue Court, regardless of the CPC's applicability.
2. Any Civil or Revenue Court established or maintained outside India by the Central Government.
3. Courts in regions covered by the CPC, as notified in the Official Gazette by the Central Government.
Section 31 extends the provisions of Sections 27, 28, and 29 to summonses related to witness testimonies, including summonses for document production or material objects.
Definition and Objective of Summons
The term "summons" is not explicitly defined in the CPC, but it is understood as the court's notification to the defendant. The purpose of issuing a summons is to uphold the principles of natural justice by providing the defendant an opportunity to present their case against the plaintiff’s claims.
Essential Elements of a Summons
According to Rule 1 and Rule 2 of Order 5 of the CPC, every summons must be signed by the judge or an authorized court officer and must bear the court’s seal. Additionally, a plaint must accompany the summons.
Content of a Summons
Rule 5 of Order 5 stipulates that a summons must specify whether the date mentioned is for issue settlement or final disposition of the suit. It should also include an order requiring the defendant to produce any documents or copies of documents in their possession that they intend to use in their defence.
Methods of Serving a Summons
The CPC provides five methods for serving a summons:
1. Personal or Direct Service: The summons should be served directly to the defendant or their authorized representative. If the defendant is not at home, the summons may be served to an adult family member or a female member of the family. A servant is not considered a family member. When multiple defendants are involved, each must be served individually. The serving officer must then endorse the original summons with details of the delivery.
2. Service by Court: For defendants within the court's jurisdiction, service can be executed by a court officer or approved courier. For those outside the jurisdiction, service is carried out through an officer of the court in the defendant’s locality.
3. Service by Plaintiff: The court may permit the plaintiff to serve the summons in addition to court-facilitated service.
4. Substituted Service: This method is used when:
o The defendant or their agent refuses to acknowledge receipt of the summons.
o The serving officer is unable to locate the defendant after diligent efforts. In such cases, the summons may be affixed to a conspicuous place at the defendant’s residence or business. Substituted service should be a last resort, as emphasized in the Basant Singh vs. Roman Catholic Mission (2002) case.
5. Service by Post: If an acknowledgment signed by the defendant or their agent is received, or if the defendant refuses to accept the summons, the court will consider the summons as properly served.
In summary, a summons is an important part of the civil procedure process. It ensures that defendants are properly informed about the legal actions taken against them and are given a fair chance to respond. Properly issuing and serving a summons is key to upholding justice and making sure that civil cases proceed smoothly.
