Order V Rule 10 CPC - Mode of Service of Summons

Order V Rule 10 of the Code of Civil Procedure, 1908 (CPC) specifies the formal manner in which a court summons is served: a signed and court-sealed copy must be delivered or tendered. It is read together with the other rules governing issue, delivery, proof and alternative methods of service.

Text of Order V Rule 10 CPC

Central CPC text. State amendments and applicable High Court rules should also be checked for the court concerned.

Meaning and legal requirements

Summons: A formal notice issued by a court requiring a defendant to appear and answer a claim or take another action specified by law. Section 27 CPC deals with issue of summons to defendants in a duly instituted suit.

Delivering or tendering: The serving person hands over, or offers to hand over, the summons to the person entitled to receive it. Whether service is complete when delivery is refused is determined under the related service and proof provisions, not Rule 10 alone.

Signed copy: The copy served must bear the signature of the judge or an officer appointed for that purpose. Court seal: The summons must also bear the seal of the issuing court. These requirements help authenticate the document.

How service of summons works

1. The court issues a summons in accordance with the CPC and fixes the required appearance or response.
2. A copy signed by the judge or authorized court officer and sealed with the court seal is prepared for service.
3. The summons is delivered, tendered or transmitted through a legally permitted mode, subject to the applicable court rules.
4. The serving officer or authorized person records service, acknowledgment, refusal or non-service as required by the relevant provisions.
5. The court considers the service report and determines whether service is sufficient or further steps are necessary.

Related provisions of the CPC

• Section 27: Issue of summons to defendants after institution of a suit.
• Order V Rule 1: Issue of summons to appear and answer the claim.
• Order V Rule 2: Copy of the plaint to accompany the summons.
• Order V Rule 9: Delivery or transmission of summons by the court, including prescribed postal or electronic modes.
• Order V Rule 9A: Service by the plaintiff with permission of the court.
• Order V Rules 11 and 12: Service on multiple defendants and personal service or service on an empowered agent.
• Order V Rules 16 to 19: Acknowledgment, refusal, return of service and inquiry into service.
• Order V Rule 20: Substituted service when its legal conditions are met.

Does Rule 10 permit email or electronic service?

Rule 10 sets out the traditional formal requirement for a signed and sealed summons. Other provisions, particularly Order V Rule 9(3), allow additional methods such as electronic mail where provided by applicable High Court rules. Electronic service is therefore not automatically valid in every proceeding merely because an email or message was sent. Court directions, applicable procedural rules and reliable proof of service matter.

What happens if the defendant refuses service?

Refusal does not necessarily prevent the court from treating summons as served. Order V Rules 17 to 19 and Rule 9(5), as applicable, govern the serving officer's report, inquiry and the court's decision on due service. The facts and the mode used must be considered before proceeding against a defendant who does not appear.

Official legal references

For the authoritative central enactment, consult the Code of Civil Procedure, 1908 on India Code (official PDF). See also the Delhi District Courts CPC reference. Check local amendments and current High Court rules before relying on a particular method of service.

This article explains the general central-law position and is not a substitute for the rules and orders applicable to a particular court or case.