Order V Rule 2 CPC - Copy of Plaint Annexed to Summons

Order 5 Rule 2 of the Code of Civil Procedure, 1908 requires a copy of the plaint to accompany every summons. This ensures that the defendant receives the claim to which a response is required.

Text of Order V Rule 2 CPC

This is the wording appearing in the central legislation published by India Code - Code of Civil Procedure, 1908 (official PDF). The word "summon" is retained above as printed in that text.

Meaning and purpose of the rule

A plaint is the pleading by which the plaintiff sets out the material facts, cause of action and relief sought in a civil suit. A summons is a formal court process calling upon the defendant to appear and answer the claim. Annexing the plaint enables the defendant to understand the allegations and prepare an appropriate defence.

Order V Rule 2 is a procedural safeguard for fair notice. The requirement concerns the documents accompanying the summons; the methods of delivering or serving the summons are governed by other provisions of Order V.

Practical application

• At the time of issue: the summons should be accompanied by a copy of the plaint.
• For the defendant: the plaint identifies the factual case and relief claimed, helping the defendant prepare a written statement and seek legal advice.
• If the copy is missing: the defendant should promptly bring the omission to the court's attention and request a copy and appropriate directions. Whether any service defect affects subsequent proceedings depends on the facts, applicable rules and judicial orders; the omission does not automatically decide the suit.
• Local procedural rules: parties should also check applicable High Court rules, state amendments and court directions concerning copies, annexures and service.

Related provisions of the CPC

Section 27 - Summons to defendants

Section 27 provides for issuing a summons to a defendant in a duly instituted suit to appear and answer the claim, with service in the prescribed manner.

Order V Rule 1 - Summons

Rule 1 governs issuance of summons and the defendant's appearance and defence, subject to the applicable procedural regime. Read Order V Rule 1 CPC.

Order V Rules 9 and 10 - Service of summons

Rule 9 addresses delivery of summons by the court, while Rule 10 sets out the ordinary mode of service. Read Rule 9 and Rule 10.

Frequently asked questions

Is a copy of the plaint mandatory with summons?

Yes. The central text of Order V Rule 2 states that every summons shall be accompanied by a copy of the plaint, subject to any legally applicable modifications or special procedural framework.

Does Order V Rule 2 prescribe the deadline for filing a written statement?

No. Rule 2 concerns the accompanying plaint. Time limits for a written statement arise under other CPC provisions, including Order V Rule 1 and Order VIII Rule 1, with distinct requirements for specified commercial disputes.

Does Rule 2 require every supporting document to be enclosed?

The central wording expressly requires a copy of the plaint. Requirements concerning annexures, relied-upon documents and service copies must be checked under other applicable provisions, amendments and court rules.

Official legal reference

For the full statutory context and amendments, consult the official Code of Civil Procedure, 1908 on India Code. This explanation is general legal information and should be read alongside the rules applicable to the court concerned.