Order V Rule 12 CPC - Service on Defendant in Person or Authorised Agent
Order V Rule 12 establishes the ordinary preference for personally serving a civil court summons on the defendant. If the defendant has an agent empowered to accept service, service on that agent is sufficient.
Order V Rule 12 CPC: Statutory Provision
Heading: Service to be on defendant in person when practicable, or on his agent.
Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.
The provision is part of the First Schedule to the Code of Civil Procedure, 1908. Court-specific rules and applicable amendments should also be checked.
Meaning and Legal Effect of Order V Rule 12
Personal service is the ordinary method
The words "wherever it is practicable" express a preference for delivering or tendering summons directly to the defendant when reasonably possible. This helps ensure that the defendant receives notice of the suit and has an opportunity to appear and respond.
Service on an empowered agent
Where a defendant has an agent empowered to accept service, delivery to that agent is sufficient under Rule 12. The authority to accept summons must be established from the relevant circumstances or legal authorisation; merely being a relative, employee or acquaintance does not automatically make someone an authorised agent for this purpose.
Meaning of "service" and "summons"
A summons is a formal notice issued by a court requiring a defendant to appear or respond in a civil proceeding. Service of summons is the legally prescribed communication of that notice to the defendant or another person on whom service is permitted by law.
How Rule 12 Works in Practice
- Identify the defendant: Confirm the correct name and address and whether the defendant can practicably be served personally.
- Check authority: If service is proposed on an agent, verify that the agent is empowered to accept service.
- Use the prescribed summons: Follow Order V Rule 10 regarding a court-signed and sealed copy, together with applicable court directions and authorised modes of transmission.
- Record service: Obtain acknowledgement where required and ensure the serving officer records the time, manner and relevant particulars under Rules 16 and 18.
- Address unsuccessful service: Where service cannot be completed or is refused, follow the procedures under Rules 17 to 20 as applicable and subject to court orders.
Whether a particular attempt amounts to valid service depends on the evidence, the applicable procedural rules and the court's determination. Rule 12 should be read together with the other provisions of Order V.
Frequently Asked Questions
Must summons always be served personally on the defendant?
No. Rule 12 prefers personal service wherever practicable, but expressly recognises service on an agent empowered to accept it. Other rules permit additional methods in specified situations.
Can summons be served on any employee or relative?
Not merely because of that relationship. The requirements of Rule 12 or another applicable provision, such as Rules 13 to 15, must be satisfied.
What if the defendant avoids or refuses service?
The serving officer and court must follow the relevant provisions, including Rules 17, 19 and 20 where applicable. A party should not assume that an unsuccessful attempt itself constitutes completed service.
Does Rule 12 authorise email service by itself?
No. Rule 12 addresses the person on whom service may be made. Permitted modes of transmission, including electronic methods where authorised, are governed by other provisions, applicable High Court rules and court directions.
Legal information only. Procedural requirements can differ under High Court rules, amendments and specific judicial directions.