CODE OF CIVIL PROCEDURE, 1908 • ORDER V
Order V Rule 27 CPC: Service of Summons on Public Officers, Railway Employees and Local Authority Staff
Order 5 Rule 27 explains when a civil court may send a summons through the head of the defendant's office rather than arranging service directly.
Legal reference: Code of Civil Procedure, 1908, First Schedule, Order V, Rule 27
What does Order V Rule 27 CPC provide?
Order V Rule 27 concerns service of a civil summons when the defendant is a civil public officer, an employee of a railway company, or an employee of a local authority. The court may send the summons to the head of the office where the defendant works when the court considers that method the most convenient. A copy must accompany the summons for the defendant to retain.
The provision excludes members of the Indian military, naval and air forces; their service is addressed separately under Order V Rule 28.
Statutory provision: Order V Rule 27
Where the defendant is a public officer (not belonging to the Indian military, naval or air forces), or is the servant of a railway company or local authority, the Court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is employed, together with a copy to be retained by the defendant.
The wording above is presented without historical amendment footnote markers for readability. Consult the official statutory publication and applicable High Court rules for authoritative text and local modifications.
Conditions for service through the head of office
- Eligible defendant: The defendant must be a civil public officer or an employee of a railway company or local authority.
- Court's discretion: The court must consider service through the office head convenient; this route is not compulsory in every case.
- Office head: The summons is forwarded to the head of the office in which the defendant is employed.
- Defendant's copy: A copy of the summons is supplied for the defendant to retain.
- Proof of service: The person receiving the summons for service must comply with the return and acknowledgment requirements of Rule 29.
How service is carried out
The issuing court determines whether Rule 27 is suitable and forwards the summons with the required copy to the defendant's office head. The office head arranges delivery to the defendant and returns the summons with the acknowledgment or an explanation if service cannot be completed, as required by Order V Rule 29.
Where service is disputed or incomplete, the issuing court assesses the return and applicable procedural rules before taking further steps. Sending the document to an office does not, by itself, establish that the defendant was duly served.
Practical example
Suppose a municipal employee is named as a defendant in a civil suit. If the court considers workplace service the most convenient method, it may send the summons and a copy for the employee to the head of the municipal office. The office head must then deal with service and its return in accordance with Rule 29.
Frequently asked questions
Is service through the employer mandatory under Rule 27?
No. The word "may" makes this a discretionary method available when the court considers it convenient.
Does Rule 27 apply to members of the armed forces?
No. Service on soldiers, sailors and airmen is governed by Order V Rule 28.
What if the office head cannot serve the defendant?
Order V Rule 29 requires the summons to be returned with a statement of the reasons why service was not possible.
Does the defendant receive a copy?
Yes. Rule 27 expressly requires a copy to be retained by the defendant.
Official legal source
Read the Code of Civil Procedure, 1908 on India Code (official PDF), particularly Order V, Rules 27 to 29. High Court amendments and court-specific practice directions may affect the method used in a particular jurisdiction.