Code of Civil Procedure, 1908 | Order V - Issue and Service of Summons

Order V Rule 3 CPC - Court May Order Plaintiff or Defendant to Appear in Person

Order V Rule 3 of the Code of Civil Procedure, 1908 empowers a civil court, when it sees reason to do so, to require the personal appearance of the defendant and, by a separate order, the plaintiff on the same day. The power is subject to the geographical restrictions in Order V Rule 4 and applicable court rules.

Text of Order V Rule 3 CPC

Meaning and scope of the rule

The rule allows the court to require a party's physical attendance when personal participation is considered necessary for the proceedings. It does not mean that every plaintiff or defendant must attend each hearing personally. Ordinarily, appearance through a duly authorised pleader is recognised, subject to the court's power to direct personal attendance.

Rule 3(1): Defendant's personal appearance

If the court finds a reason to require the defendant personally, the summons must expressly direct the defendant to attend court on the specified date. A routine summons does not, by itself, establish that personal attendance has been ordered under this provision.

Rule 3(2): Plaintiff's personal appearance

If the court also requires the plaintiff to attend on that same day, it must make an order directing the plaintiff's appearance. The provision therefore distinguishes the direction incorporated in the defendant's summons from the order made concerning the plaintiff.

Related provisions of the CPC

Order V Rule 1: Governs the issue of summons and the permitted modes of the defendant's appearance, including appearance through a suitably instructed pleader.

Order V Rule 2: Requires the summons to be accompanied by a copy of the plaint.

Order V Rule 4: Restricts orders requiring personal appearance based on the party's residence and distance from the court. The statutory rule refers to residence within the court's ordinary original jurisdiction, or outside those limits but within the specified distance thresholds, including a different threshold where qualifying public conveyance is available.

Order III Rule 1: Generally permits appearances and acts through recognised agents or pleaders, but expressly preserves the court's ability to require a party to appear personally.

Order IX: Addresses attendance of parties and consequences of non-appearance. The consequences depend on the applicable provision and procedural circumstances; non-appearance does not automatically produce the same result in every case.

Practical points for litigants

A party receiving a summons or order should check whether it specifically directs personal appearance, note the hearing date and consult the court record or legal representative. Where attendance is difficult, any request for exemption, accommodation or participation by video conference should be made under the applicable court rules and directions; such alternatives are not an automatic entitlement under Rule 3.

Frequently asked questions

Can a civil court require a defendant to attend personally?

Yes. Under Order V Rule 3(1), where the court sees reason for personal appearance, the summons must direct the defendant to attend on the specified day.

Can the plaintiff also be ordered to appear?

Yes. Under Order V Rule 3(2), the court may order the plaintiff's personal appearance on the same day.

Is personal attendance compulsory in every civil suit?

No. Personal attendance under Rule 3 depends on a court direction and is subject to the limits prescribed by Rule 4 and other applicable provisions.

Official legal source

India Code - The Code of Civil Procedure, 1908 (official PDF). See the First Schedule, Order V, Rules 1 to 4, and Order III. The official consolidated text should be checked for applicable amendments.

Article reviewed: 12 October 2026. General legal information, not a substitute for advice on a particular proceeding.