Code of Civil Procedure, 1908 | Order V | Service of summons
Order V Rule 29 CPC: Duty of Person to Whom Summons Is Sent for Service
Order 5 Rule 29 of the Code of Civil Procedure, 1908 explains the obligation to serve a civil court summons and report the outcome when service is entrusted to a prison officer, an office head or a commanding officer under Rules 24, 27 or 28.
Text of Order V Rule 29 CPC
Duty of person to whom summons is delivered or sent for service
(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it if possible, and to return it under his signature, with the written acknowledgement of the defendant, and such signature shall be deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.
The statutory wording above follows the supplied CPC provision. Read it with any applicable amendments, High Court rules and judicial directions.
Meaning and legal effect of Rule 29
Rule 29(1): Duty to serve and acknowledge service
When a summons is sent to a person under one of the three specified rules, that person is legally bound to serve it if possible. After service, the person must return the summons bearing their signature along with the defendant's written acknowledgement. Rule 29(1) expressly treats that signature as evidence of service.
The words if possible recognise that the responsible person may face a genuine obstacle to delivery. They do not permit an unexplained failure to act: the rule provides a separate reporting obligation when service is impossible.
Rule 29(2): When service is impossible
If the summons cannot be served, it must be returned to the issuing court with a full statement identifying both the cause of non-service and the steps taken to procure service. The rule deems that statement evidence of non-service. The court can then determine the appropriate next procedural step.
Meaning of important terms
- Summons: A formal process issued by a court requiring a defendant to appear and answer a civil claim in accordance with the CPC.
- Service: The legally recognised delivery or communication of the summons to the defendant.
- Written acknowledgement: The defendant's written confirmation of receipt, required for the return described in Rule 29(1).
- Evidence of service or non-service: The evidentiary status that Rule 29 assigns to the signed return or explanatory statement, respectively; the court remains responsible for assessing procedural compliance.
Procedure for serving and returning the summons
- Identify the applicable rule. The court sends the summons for service under Rule 24, Rule 27 or Rule 28.
- Attempt service. The designated recipient arranges delivery to the defendant, subject to practical feasibility and applicable court directions.
- If served: Obtain the defendant's written acknowledgement and return the summons under the responsible person's signature.
- If not served: Return the summons with a complete statement of the obstacle and the actual steps taken to effect service.
- Court review: The court considers the return and determines whether service has been proved or further directions are needed.
| Situation | Required return under Rule 29 |
|---|---|
| Summons successfully served | Signed return of summons with defendant's written acknowledgement (sub-rule 1) |
| Service impossible | Summons returned with full reasons and steps attempted (sub-rule 2) |
For example, where a defendant is serving in the armed forces, the summons is sent to the commanding officer under Rule 28. Rule 29 then governs the officer's obligation to serve and report the outcome. A different route applies to a defendant in prison under Rule 24 or certain employees under Rule 27.
Frequently asked questions
Who must serve a summons under Order V Rule 29?
The person to whom a summons is delivered or sent for service under Order V Rule 24, 27 or 28 must serve it if possible.
What proof must be returned after service?
The person must return the summons under their signature with the defendant's written acknowledgement. The signature is deemed evidence of service under Rule 29(1).
What happens if service is impossible?
The summons must be returned to the court with a full statement of the reason service was impossible and the steps taken to obtain service. The statement is deemed evidence of non-service under Rule 29(2).
Does Rule 29 apply to every method of serving summons?
No. Its express scope is service under Rules 24, 27 and 28. Other service methods are governed by their applicable provisions and court rules.
Official source and legal reference
See the Code of Civil Procedure, 1908 (Act 5 of 1908), official India Code PDF, particularly the First Schedule, Order V, Rules 24 and 27 to 29. Consult the relevant High Court's procedural rules and applicable amendments for the court and jurisdiction concerned.
Updated: 12 October 2026. This page provides general legal information, not advice on an individual proceeding.