Order III Rule 6 CPC: Agent to Accept Service of Process
Order III Rule 6 of the Code of Civil Procedure, 1908 (CPC) allows a party to appoint a person residing within the territorial jurisdiction of the court to receive court process on the party's behalf. It also prescribes how that appointment must be recorded and when a court may require it.
Meaning of agent to accept service
In civil proceedings, service of process means the formal delivery of a summons, notice or other court process in accordance with applicable procedural rules. An agent to accept service is a person authorised to receive such documents for a party. The arrangement helps the court communicate effectively with a litigant who does not have a suitable local representative.
Order III Rule 6 CPC: Legal provision explained
Rule 6(1): Who may be appointed?
Besides the recognised agents described in Order III Rule 2, a person residing within the jurisdiction of the court may be appointed as an agent to accept service of process.
Rule 6(2): Written appointment and filing
The appointment may be special (for a particular matter or purpose) or general. It must be made by an instrument in writing signed by the principal. The instrument must be filed in court; where the appointment is general, a certified copy may be filed instead.
Rule 6(3): Court's power to require appointment
At any stage of the suit, the court may order a party who has neither a recognised agent residing within its jurisdiction nor a pleader duly appointed to act in that court to appoint, within a specified time, a locally resident agent to accept process on the party's behalf.
For the statutory wording and any applicable amendments, consult the official India Code portal and the Legislative Department, Government of India. State amendments and applicable High Court rules should also be checked for the court concerned.
How to appoint an agent under Order III Rule 6
- Choose an eligible person: Identify an agent who resides within the local jurisdiction of the court and is willing to receive process.
- Prepare the instrument: Specify the principal, the proposed agent, the relevant case or scope of general authority, and the authority to accept service of court process.
- Sign the document: The principal must sign the written appointment, subject to applicable procedural requirements.
- File it with the court: File the original appointment or, for a general appointment, a certified copy as contemplated by Rule 6(2).
- Keep contact details current: Inform the court promptly of relevant changes in the agent's address or authority, following local court procedure.
Special appointment and general appointment
A special appointment is confined to the case or process identified in the instrument. A general appointment may cover a wider range of proceedings or processes within the terms of the document. The distinction matters because Rule 6(2) permits a certified copy of a general instrument to be filed. In either case, the agent's authority is governed by the appointment and applicable law.
Related provisions of Order III CPC
- Order III Rule 1: Appearances, applications and acts by a party personally, through a recognised agent or through a pleader, subject to the court's directions.
- Order III Rule 2: Recognised agents, including certain power-of-attorney holders and business agents.
- Order III Rule 3: Service on a recognised agent, generally effective as service on the party unless the court directs otherwise.
- Order III Rule 4: Appointment of pleader through the prescribed written authority.
- Order III Rule 5: Service on a duly appointed pleader and its legal effect.
Agent for service versus advocate or recognised agent
A Rule 6 agent primarily receives court process. A recognised agent under Rule 2 may have authority to make specified appearances, applications and acts under Rule 1, while a pleader appointed under Rule 4 acts within the scope of professional and procedural law. Appointment merely to accept service should not be treated as a licence to practise law or to give evidence about matters known only to the litigant.
What happens after service on an authorised agent?
Where process is served in accordance with the appointment and applicable court rules, the service may operate as service on the represented party. The exact effect depends on the authority recorded, the type of process, any specific direction of the court and the governing rules. A party should therefore monitor documents received by the agent and respond within the applicable period.
Frequently asked questions
Can a person who lives outside the court's jurisdiction be appointed under Rule 6?
Rule 6 expressly contemplates an agent residing within the jurisdiction of the court. The suitability of an appointment should be checked against that requirement and any applicable local rules.
Is a power of attorney always necessary?
Rule 6(2) requires a written instrument signed by the principal and filed in court. The rule does not state that every such appointment must be a general power of attorney. Additional formalities may arise under other applicable laws or local court rules.
Can the court direct a party to appoint an agent?
Yes. Under Rule 6(3), the court may direct a party without a qualifying locally resident recognised agent or duly appointed pleader to appoint an agent for service within a time fixed by the court.
Does the appointment permit the agent to argue the case?
No. Authority to accept service is distinct from authority to plead or practise as an advocate. Any additional authority must have a separate legal basis.
Official legislation and further reading
Read the Code of Civil Procedure, 1908 on India Code and check the Legislative Department for central legislation. The procedural rules applicable in a particular court may also reflect State amendments or High Court rules.
Information updated: 12 October 2026. This article provides general legal information, not advice on an individual case.