Code of Civil Procedure, 1908 | Order V

Order V Rule 22 CPC: Service of Summons in Presidency Towns

Order V Rule 22 of the Code of Civil Procedure, 1908 (CPC) prescribes the court through which a civil summons issued outside the former presidency towns must be served when service is required within their specified limits.

Text of Order V Rule 22 CPC

Service within presidency-towns of summons issued by Courts outside. Where a summons issued by any Court established beyond the limits of the towns of Calcutta, Madras and Bombay is to be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it is to be served.

This is the wording of Rule 22 in the central CPC text. The statutory names Calcutta, Madras and Bombay refer to the cities now called Kolkata, Chennai and Mumbai. The provision refers to the relevant territorial limits, not automatically to every address in the modern metropolitan region.

Meaning and scope of Rule 22

Summons: a formal notice issued by a civil court requiring a person, ordinarily a defendant, to appear or respond to proceedings. Issuing court: the court from which the summons originates. Court of Small Causes: the court designated under this rule to receive a summons for service within the relevant presidency-town limits.

When the issuing court is outside the specified limits and the summons must be served within them, Rule 22 directs transmission to the Court of Small Causes having territorial jurisdiction. It concerns the route of service; it does not itself decide which court may hear the underlying suit or determine the merits of the dispute.

How service operates

1. The court hearing the civil case issues a summons in accordance with the CPC and applicable procedural rules.
2. If the conditions of Rule 22 apply, the summons is sent to the competent Court of Small Causes for service within the relevant limits.
3. Under Order V Rule 23, the receiving court proceeds as though the summons had been issued by it for purposes of service.
4. The receiving court returns the summons to the issuing court together with the record, if any, of its proceedings concerning service.

For example, where a civil court outside the specified limits of Mumbai issues a summons that must be served at an address within those limits, Rule 22 identifies the competent Court of Small Causes as the receiving court. The actual method of service and proof of service remain governed by the applicable CPC rules, court directions and local amendments.

Related provisions

Order V Rule 21: governs transmission of summons for service where the defendant resides within another court's jurisdiction, and includes permitted modes of transmission subject to applicable rules. Order V Rule 23: sets out the receiving court's duty to effect service and return the summons and relevant record. Order V Rule 9: contains general provisions on delivery and service of summons. These provisions should be read together with Rule 22 where relevant.

Practical considerations

Before relying on Rule 22, check the address for service, the applicable territorial jurisdiction, any High Court or state amendments and the court's current filing or service directions. Electronic or alternative service should not be assumed to displace the specific procedure without checking the applicable rules and judicial orders.

Official statutory reference

Read the Code of Civil Procedure, 1908 (India Code, official PDF), First Schedule, Order V, Rules 21 to 23. For a particular proceeding, verify any applicable local amendments and procedural directions.

Frequently asked questions

Does Order V Rule 22 apply throughout India?

It is a provision in the central CPC, but its specific routing mechanism concerns summons to be served within the stated presidency-town limits when issued by courts outside those limits. Local procedural amendments and rules may affect application.

What happens after the Court of Small Causes receives the summons?

Order V Rule 23 requires the receiving court to proceed with service and return the summons with any record of its service proceedings to the issuing court.

Is Rule 22 the same as Rule 21?

No. Rule 21 deals generally with service through another court's jurisdiction; Rule 22 specifically addresses service within the named presidency towns through the competent Court of Small Causes.

Updated: 12 October 2026. General legal information; consult applicable court rules and professional advice for a specific case.