Order V Rule 23 CPC - Duty of Court to Which Summons Is Sent
Order 5 Rule 23 of the Code of Civil Procedure, 1908 explains what a court must do when it receives a summons from another court for service under Order V Rule 21 or Rule 22.
Text of Order V Rule 23 CPC
23. Duty of Court to which summons is sent. The Court to which a summons is sent under rule 21 or rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.
Source: Official Code of Civil Procedure, 1908 (India Code, PDF).
Meaning and scope of Rule 23
This provision establishes a procedure for cooperation between courts when a civil summons must be served through a court other than the one that issued it. The court receiving the summons must act upon it as though it had issued the summons itself, and must report the outcome to the issuing court.
Duties of the court receiving the summons
- Receive the summons: The receiving court takes up a summons forwarded under Order V Rule 21 or Rule 22.
- Arrange service: It proceeds to effect service in accordance with the applicable rules, as if the summons were its own.
- Record relevant proceedings: Any service report, endorsement, acknowledgment or other record generated in the process should accompany the return, where applicable.
- Return the summons: The summons and the record, if any, must be sent back to the court that originally issued it.
Connection with Order V Rules 21 and 22
Order V Rule 21 - Defendant within another court's jurisdiction
Rule 21 permits the issuing court to forward a summons to a competent court, other than a High Court, where the defendant resides. The rule also provides for prescribed methods of transmission, subject to applicable High Court rules. Read Order V Rule 21.
Order V Rule 22 - Service in former presidency towns
Rule 22 addresses summonses issued by courts outside the statutory limits of Calcutta, Madras and Bombay for service within those limits, and provides for forwarding to the relevant Court of Small Causes. The statutory terminology is historical; the cities are now generally known as Kolkata, Chennai and Mumbai. Read Order V Rule 22.
Why the return of summons matters
The issuing court needs a reliable record of whether service was carried out and how it was attempted. Order V Rule 23 requires the receiving court to send the summons back with the record of its proceedings, if any. Whether service is legally sufficient is assessed under the applicable provisions of Order V and relevant court rules; forwarding the summons alone does not establish successful service.
Illustration
Suppose a civil court in Jaipur issues a summons to a defendant residing in Pune and forwards it to the competent court there under Rule 21. The Pune court arranges service in accordance with the applicable procedure and returns the summons and any record of its proceedings to the Jaipur court under Rule 23. The Jaipur court can then consider the service record and take the next procedural step.
Frequently asked questions
Does Rule 23 apply to every summons?
No. Its express operation concerns summonses sent to another court under Order V Rule 21 or Rule 22.
Can the receiving court treat the summons as its own?
Yes, for the purpose of proceeding with the summons. Rule 23 expressly requires it to proceed as though the summons had been issued by that court.
What must be returned to the issuing court?
The receiving court must return the summons together with the record, if any, of its proceedings concerning that summons.
Does Rule 23 itself determine whether service is valid?
No. It governs the receiving court's duty and return procedure. Questions of proper service depend on the applicable service rules and the evidence of service.
Official legal reference
For the statutory text and related provisions, consult the Code of Civil Procedure, 1908 on India Code. Applicable state amendments and High Court procedural rules should also be checked for the court concerned.
Updated: 12 October 2026. This article is for general legal information and is not a substitute for case-specific legal advice.