Order V Rule 13 CPC: Service on Agent Carrying on Defendant's Business

Order V Rule 13 of the Code of Civil Procedure, 1908 explains when service of a civil court summons on a manager or agent conducting a defendant's business is treated as valid service on that defendant.

Order V Rule 13 CPC - Statutory provision

Meaning of Order V Rule 13 and requirements for valid service

The rule provides a specific method of serving a defendant who lives outside the territorial jurisdiction of the court but conducts relevant business or work inside that jurisdiction through a manager or agent. It is a rule about service of summons, not an independent rule giving the court jurisdiction to hear the suit.

For service under sub-rule (1), the suit must relate to the defendant's business or work; the defendant must reside outside the local limits of the issuing court; and the recipient must, when served, personally conduct that business or work for the defendant within those limits. When these conditions are satisfied, service on the manager or agent is deemed good service.

Merely being an employee, acquaintance or former agent does not automatically satisfy the rule. The court may need evidence of the recipient's actual role and the connection between the suit and the business or work.

Rule 13(2): Master of a ship as agent

Sub-rule (2) expressly treats the master of a ship as the agent of its owner or charterer for the purposes of this service rule. The deeming provision facilitates service in proceedings to which the rule applies; it does not decide the substantive liability of the owner or charterer.

Illustration

Suppose a business owner resides outside the court's local limits but has a manager personally running the business within those limits. If a suit relates to that business, a summons properly served on the manager may qualify as good service under Order V Rule 13. The court must still consider the relevant facts, applicable service requirements and any local procedural rules.

Related CPC provisions

Order V Rule 11 generally requires service on each defendant when there are multiple defendants. Order V Rule 12 provides for personal service wherever practicable or service on an agent empowered to accept it. Rule 13 addresses the distinct situation of a non-resident defendant's business manager or agent.

Order V Rule 14 deals with agents in charge of immovable property; Rule 16 concerns acknowledgment; Rule 18 concerns recording the time and manner of service; and Rule 20 deals with substituted service on the court's order.

For the central legislation and amendments, consult the India Code official legislation portal - Code of Civil Procedure, 1908. High Court rules, local amendments and specific court directions may affect the procedure applicable in a particular case.

Frequently asked questions

Can a summons be served on a business manager instead of the defendant?

Yes, where the specific requirements of Order V Rule 13(1) are met. Service on any manager without establishing those requirements is not automatically valid.

Must the defendant reside outside the court's jurisdiction?

For Rule 13(1), yes. The rule expressly concerns a person who does not reside within the local limits of the court issuing the summons.

Is the master of a ship treated as an agent?

Yes. Rule 13(2) deems the ship's master to be the agent of the owner or charterer for the purposes of this rule.

Legal information only. Check the current statutory text, applicable local amendments and court rules before relying on a particular mode of service.