Code of Civil Procedure, 1908 | Order V | Service of summons

Order V Rule 16 CPC: Person Served to Sign Acknowledgment

Order V Rule 16 of the Code of Civil Procedure, 1908 (CPC) deals with acknowledgment of service when a court summons is personally delivered or tendered to the defendant, an authorized agent, or another person permitted to receive it on the defendant's behalf.

Text of Order V Rule 16 CPC

The rule forms part of Order V, which regulates the issue and service of summons in civil suits. For the authoritative text and any applicable amendments, consult the India Code official legislation portal and relevant High Court rules.

Meaning and purpose of Rule 16

The purpose of Rule 16 is to create a contemporaneous record that the summons was delivered or tendered. The acknowledgment is endorsed on the original summons, while a copy is delivered or tendered to the recipient. This record helps the court assess whether service was properly effected.

Requirements for acknowledgment of service

1. Delivery or tender: The serving officer must deliver or tender a copy of the summons to the defendant or a person legally competent to receive it on the defendant's behalf.
2. Request for signature: The serving officer must require the recipient to sign the acknowledgment of service.
3. Endorsement: The acknowledgment is endorsed on the original summons, which is returned through the prescribed court process.
4. Proper recipient: Service on an agent or family member must satisfy the applicable provisions of Order V; Rule 16 does not independently authorize service on every third party.

What happens if the recipient refuses to sign?

A refusal to sign does not by itself establish that the summons was never tendered or that service was invalid. Order V Rule 17 prescribes the procedure where the defendant or a competent recipient refuses to sign an acknowledgment, or where service cannot be effected despite due diligence. Depending on the circumstances, the serving officer must follow the prescribed affixture and reporting procedure.

Under Order V Rule 19, the court examines the return and may examine the serving officer, as required, before declaring service sufficient or directing fresh service. The court's determination depends on the facts and compliance with the applicable rules.

How Rule 16 works with other service provisions

• Rule 12: Service on the defendant in person, where practicable, or on an authorized agent.
• Rule 15: In specified circumstances, service on an adult family member residing with the defendant.
• Rule 17: Procedure where service is refused or cannot be effected.
• Rule 18: Serving officer's endorsement of the time and manner of service.
• Rule 20: Court-ordered substituted service where statutory conditions are met.

Practical importance in civil proceedings

An acknowledgment under Rule 16 can be relevant when a defendant disputes receipt of summons, when the court considers whether to proceed in the defendant's absence, or when service is challenged in later proceedings. However, a signature is only one element of the service record; the identity and authority of the recipient, mode of service, and the court's findings also matter.

Frequently asked questions

Is the signature of the defendant always required?

No. Rule 16 also contemplates service on an agent or another person legally entitled to receive the summons on the defendant's behalf. The applicable conditions for such service must be met.

Where is the acknowledgment signed?

The serving officer requires the recipient's signature on the acknowledgment of service endorsed on the original summons.

Does refusal to sign automatically invalidate service?

No. The serving officer must comply with the relevant provisions, particularly Rules 17 and 18, and the court assesses service under Rule 19 where applicable.

Official legal reference

India Code - Government of India (search for the Code of Civil Procedure, 1908, Act 5 of 1908, Order V). The central text should be read with any applicable state or High Court amendments.