Order V Rule 18 CPC - Endorsement of Time and Manner of Service
Order 5 Rule 18 of the Code of Civil Procedure, 1908 requires the serving officer to document how and when a court summons was served under Rule 16. The return of service helps the court verify the steps taken to notify the defendant.
Text of Order V Rule 18 CPC
The serving officer shall, in all cases in which the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.
Source: Official India Code text of the Code of Civil Procedure, 1908 (PDF).
Meaning and purpose of Rule 18
The rule concerns the return of service: a written record placed on, or attached to, the original summons after service in the manner contemplated by Order V Rule 16. It is intended to provide the court with particulars of service rather than a bare assertion that a summons was delivered.
What must the serving officer record?
- Time of service: when the summons was delivered or tendered.
- Manner of service: how service was effected and to whom the summons was delivered or tendered.
- Identification and witnesses: the name and address, if any, of a person who identified the recipient and witnessed the delivery or tender.
- Return on the original summons: the particulars must be endorsed on or annexed to the original summons, directly or through an authorized arrangement.
Relationship with other service-of-summons rules
Order V Rule 16 - Signature acknowledging service
Rule 16 requires the serving officer, when delivering or tendering the summons to the defendant or a person acting on the defendant's behalf, to seek that person's signature on the acknowledgment endorsed on the original summons. Rule 18 adds the officer's return describing service.
Order V Rule 17 - Refusal or inability to find the defendant
Rule 17 sets out a distinct procedure, including affixation and reporting, when its prescribed conditions are met. A Rule 17 return is not interchangeable with the Rule 18 return applicable to service under Rule 16.
Order V Rule 19 - Examination of serving officer
Rule 19 addresses court scrutiny of a return made under Rule 17, including examination of the serving officer in the circumstances specified there. The court then determines whether service should be declared duly effected or further service ordered.
Order V Rule 20 - Substituted service
Rule 20 allows the court to direct substituted service where its statutory conditions are satisfied. It is a separate procedure and should not be confused with the routine return required by Rule 18.
Practical significance
A properly completed return helps establish a reliable record of service. Inadequate particulars can lead to questions about whether service was correctly effected; the consequences depend on the evidence, applicable procedural rules and the court's findings. Rule 18 itself does not make every omission automatically fatal to service.
Frequently asked questions
Is the time of service required in the return?
Yes. Rule 18 expressly requires the serving officer's return to state the time when the summons was served.
Must a witness always be present?
Rule 18 requires the name and address of the person, if any, identifying the recipient and witnessing delivery or tender. It does not itself prescribe a witness in every case.
Does Rule 18 apply to every mode of service?
Its express wording covers cases in which the summons has been served under Rule 16. Other modes of service may have their own procedures; for example, Order V Rule 9A(3) applies Rules 16 and 18 to personal service by the plaintiff under that rule.
Official legal reference
Read the Code of Civil Procedure, 1908 on India Code and consult the applicable High Court rules and any local amendments for proceedings in a particular jurisdiction.
This article is general legal information and not a substitute for advice about a specific proceeding.