Order V Rule 19 CPC - Examination of Serving Officer

Order 5 Rule 19 of the Code of Civil Procedure, 1908 explains how a civil court verifies a summons returned under Rule 17, including when examination of the serving officer is mandatory and when it is discretionary.

Order V Rule 19 CPC - Statutory provision

Source: Code of Civil Procedure, 1908 - official India Code PDF. Local High Court rules and applicable amendments should also be checked.

Meaning and scope of Rule 19

Rule 19 operates when a serving officer returns a summons after taking the steps described in Order V Rule 17. This may involve refusal to sign an acknowledgment or an unsuccessful attempt to find the defendant, followed by affixation of a copy of the summons in the circumstances permitted by that rule.

The purpose of Rule 19 is judicial scrutiny of the service report before the court treats the summons as duly served. A return by the serving officer is not, merely because it is filed, a substitute for the court's decision under Rule 19.

Examination of the serving officer: requirements and procedure

1. Return without an affidavit

Where the Rule 17 return is not verified by the serving officer's affidavit, the court shall examine the serving officer on oath or arrange for examination by another court. The word "shall" makes this examination obligatory under the central text of the rule.

2. Return verified by affidavit

Where the return has been verified by affidavit, the court may examine the officer on oath. This is a discretionary power; verification by affidavit does not prevent further judicial enquiry.

3. Further enquiry

The court may investigate the steps taken to locate the defendant, the reason for refusal or non-service, the circumstances of affixation, and the identification of the premises or witnesses, as relevant to the return.

4. Decision on service

After considering the return, any examination and any further enquiry, the court must either declare the summons duly served or order such service as it thinks fit. The court's decision should reflect the facts and the applicable procedural rules.

Practical significance of a service return

A service report should allow the court to evaluate whether the statutory procedure was followed. Where Rule 17 affixation is involved, the report should state the circumstances and the name and address of any person who identified the house or witnessed the affixation. The court may scrutinize these particulars under Rule 19.

Proper service is important because it gives the defendant notice of the proceedings and an opportunity to appear. Where a defendant does not appear, the court must consider whether summons was duly served before proceeding under the applicable provisions of Order IX.

Related provisions of the Code of Civil Procedure

• Order V Rule 16 - signature acknowledging delivery or tender of summons.
• Order V Rule 17 - procedure when the defendant refuses acknowledgment or cannot be found.
• Order V Rule 18 - return stating the time and manner of service under Rule 16.
• Order V Rule 20 - substituted service ordered by the court.

Frequently asked questions

This article explains the central CPC provision for general information. State amendments, High Court rules and case-specific court directions may affect the applicable procedure.