Order V Rule 21 CPC - Service of Summons Where Defendant Resides Within Another Court's Jurisdiction
Order V Rule 21 of the Code of Civil Procedure, 1908 provides a procedure for transmitting a summons to another competent court when the defendant resides outside the territorial jurisdiction of the court issuing the summons.
What does Order V Rule 21 CPC provide?
The rule is headed "Service of summons where defendant resides within jurisdiction of another Court". It authorises the court issuing a summons to send it, whether within or outside the State, through one of its officers, by post, by a courier service approved by the High Court, by fax, by electronic mail, or by another means permitted under the applicable High Court rules, to a court (not being the High Court) with jurisdiction over the place where the defendant resides.
For the statutory wording and any amendments, consult the official Code of Civil Procedure, 1908 on India Code.
Meaning and scope of the rule
Summons: A formal court process requiring a defendant to appear and respond to a civil proceeding in accordance with the CPC. Issuing court: The court that orders and issues the summons in the pending suit. Receiving court: The court with territorial jurisdiction where the defendant resides, to which the summons is sent for service.
Rule 21 is concerned with the transmission of summons between courts. It does not, by itself, decide the territorial jurisdiction of the court hearing the suit, nor does it make an unapproved method of electronic service automatically valid.
Procedure for service through another court
- Identify the defendant's address. Establish that the defendant resides within the territorial jurisdiction of a different court.
- Send the summons. The issuing court transmits the summons to the competent receiving court by a method allowed under Rule 21 and applicable procedural rules.
- Arrange service. Under Order V Rule 23, the receiving court proceeds as if it had issued the summons itself.
- Return the record. The receiving court returns the summons and any record of its proceedings concerning service to the issuing court.
- Assess service. The issuing court considers the service report and applicable CPC requirements before taking further procedural steps.
Permitted transmission methods
Rule 21 recognises transmission by a court officer, post, High Court-approved courier, fax, electronic mail, or other methods prescribed by High Court rules. The availability and implementation of electronic modes depend on the relevant High Court's rules and court directions. Transmission of the summons to another court should not be confused with proof that the defendant has actually been served.
Related provisions of Order V CPC
Order V Rule 9 - Delivery of summons
Rule 9 deals with delivery or transmission of summons for service, including prescribed modes. Under Rule 9(4), where the issuing court directs certain modes of service for a defendant outside its jurisdiction, Rule 21 may not apply. The precise conditions in Rule 9(4) should be checked before using the inter-court route.
Order V Rule 22 - Service within presidency towns
Rule 22 contains a special provision relating to summons issued by courts outside the specified presidency towns and service through the relevant Court of Small Causes, subject to applicable law.
Order V Rule 23 - Duty of receiving court
Rule 23 requires the court receiving summons under Rule 21 or Rule 22 to proceed as if it had issued the summons, and then return it with the record of its proceedings, if any, to the issuing court.
Order V Rules 17 to 20 - Problems with ordinary service
Where service is refused, cannot be completed, or substituted service is sought, the applicable provisions governing the serving officer's report, judicial inquiry and court-ordered substituted service must be followed. These procedures are distinct from merely forwarding a summons under Rule 21.
Illustration
Suppose a civil suit is pending before a competent court in Delhi, but the defendant resides in Jaipur. The Delhi court may send the summons to the competent court at Jaipur under Order V Rule 21. The Jaipur court arranges service and sends back the summons and relevant service record in accordance with Rule 23. Whether the Delhi court has jurisdiction to try the suit is a separate question.
Frequently asked questions
Can summons be sent to a court in another State?
Yes. Rule 21 expressly contemplates transmission within or outside the State, to a competent court where the defendant resides.
Is email service always sufficient?
No. The rule permits electronic mail as a transmission method subject to applicable procedural requirements. Valid service on the defendant and proof of service must be assessed under the relevant CPC provisions, High Court rules and judicial directions.
What does the receiving court do after service?
Under Rule 23, it returns the summons with the record, if any, of its proceedings concerning service to the court that issued it.
Official legal reference
Primary legislation: India Code - The Code of Civil Procedure, 1908 (Act 5 of 1908). Read the First Schedule, Order V, particularly Rules 9, 21, 22 and 23. High Court amendments and local procedural rules may also apply.