Order V Rule 14 CPC - Service on Agent in Charge of Immovable Property
Order 5 Rule 14 of the Code of Civil Procedure, 1908 permits service of court summons on an agent in charge of immovable property in specified property-related suits when personal service on the defendant is not possible and no agent is authorised to accept service.
Order V Rule 14 CPC - Statutory Text
Service on agent in charge in suits for immovable property
Where in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, and the defendant has no agent empowered to accept the service, it may be made on any agent of the defendant in charge of the property.
Source: India Code - Code of Civil Procedure, 1908 (official PDF).
Meaning of Order V Rule 14 CPC
The rule provides an alternative method of serving summons in litigation concerning immovable property, such as land or buildings. It applies when the defendant cannot be served personally and has no agent specifically empowered to receive summons. In that situation, an agent of the defendant who is in charge of the property may receive service.
Conditions for service on a property agent
- Property-related suit: The suit must seek relief concerning immovable property or compensation for a wrong to that property.
- Personal service not possible: Service cannot be made on the defendant in person.
- No authorised service agent: The defendant has no agent empowered to accept service of summons.
- Agent in charge: The proposed recipient must actually be an agent of the defendant in charge of the relevant property.
The provision is permissive: the word "may" authorises this method where the conditions exist; it does not mean every caretaker, tenant, security guard or person present at the property automatically qualifies as the defendant's agent.
Practical example
A civil suit seeks compensation for damage to a building. The defendant cannot be served personally, has no agent authorised to accept summons, and a property manager acting for the defendant is in charge of the building. Subject to the facts and applicable court rules, service on that manager may be made under Order V Rule 14.
Procedure and proof of service
The summons must be issued and served in accordance with the CPC and applicable court rules. Order V Rule 10 addresses delivery or tender of a signed and sealed copy of the summons. Rule 16 requires an acknowledgement of service, while Rule 18 governs the serving officer's endorsement of the time and manner of service.
Where service is refused or cannot be completed, the procedure under Rule 17 may become relevant. The court may examine the service return under Rule 19. Rule 20 deals with substituted service when the statutory conditions are met.
Frequently Asked Questions
Can summons be served on a property manager instead of the defendant?
Yes, where the suit concerns relief or compensation relating to immovable property, personal service cannot be made, the defendant has no agent authorised to accept service, and the manager is an agent of the defendant in charge of the property.
Is every caretaker or security guard an agent under Rule 14?
No. The rule requires an agent of the defendant in charge of the property. Whether a particular person meets that description depends on the facts and evidence.
Does Order V Rule 14 apply to every civil suit?
No. It applies to suits seeking relief respecting immovable property or compensation for wrong to such property.
What if service is disputed?
The court can assess the service report and the applicable procedural requirements, including Rules 16 to 19 of Order V. The outcome depends on the record and the relevant court rules.
Legal information based on the central CPC text. Local amendments, applicable High Court rules and subsequent judicial decisions may affect individual cases.