Order V Rule 4 CPC - Limits on Ordering Personal Appearance in Court
Order V Rule 4 of the Code of Civil Procedure, 1908 (CPC) limits when a civil court can compel a plaintiff or defendant to appear personally. The rule links compulsory attendance to the person's residence, distance from the courthouse and availability of established public transport.
What does Order V Rule 4 provide?
Rule 4 - No party to be ordered to appear in person unless resident within certain limits.
No party shall be ordered to appear in person unless he resides—
(a) within the local limits of the Court's ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.
Central rule reproduced from the official CPC text. State or High Court amendments may modify its application.
Meaning of the residence and distance limits
Within the court's ordinary original jurisdiction: Under clause (a), a party residing within those local limits may be directed to attend personally, subject to other applicable procedural rules.
Outside those limits: Clause (b) generally permits compulsory personal appearance where the residence is less than 50 miles (approximately 80.47 km) from the courthouse. The alternative threshold is less than 200 miles (approximately 321.87 km) where railway, steamer or other established public conveyance is available for at least five-sixths of the journey.
These are strict less than thresholds in the central text. The transport condition is relevant to the longer 200-mile threshold. The distances are not a general exemption from the lawsuit or from responding to court process.
How Rule 4 works with Rule 3 and representation by an advocate
Order V Rule 3 CPC permits a court to require a defendant's personal attendance by summons, and to direct the plaintiff to attend on the same day. Rule 4 restricts the use of that power by reference to residence and distance.
Under Order III Rule 1 CPC, appearances and acts may ordinarily be made through a recognised agent or pleader, subject to the law and directions of the court. Order V Rule 1(2) also contemplates appearance by a duly instructed pleader. Whether a particular appearance may be made through counsel or remotely depends on the applicable rules and court directions.
Practical implications for litigants
- Check whether the court has specifically ordered personal appearance rather than merely issuing a summons to respond.
- Identify the party's place of residence, the relevant court's ordinary original jurisdiction and the distance to the courthouse.
- Where relying on the longer distance threshold, consider whether established public transport covers at least five-sixths of the route.
- If attendance is impracticable or outside the applicable limits, promptly seek an appropriate direction or exemption through counsel; do not simply ignore the summons.
- Check applicable state amendments, High Court rules and any case-specific directions before relying on the central distance figures.
State amendments and local procedural rules
The central rule uses 50-mile and 200-mile limits, but amendments may apply in particular jurisdictions. For example, the Bombay amendment substitutes 100 km and 500 km thresholds in its territorial application. The applicable local text should therefore be checked before making a legal submission.
Official legal references
Read the Code of Civil Procedure, 1908 on India Code (official PDF) and the Bombay High Court's published CPC text for relevant local amendments.
Frequently asked questions
Can a court order every defendant to appear personally?
No. An order requiring personal appearance is subject to Order V Rule 4 and other applicable procedural provisions. A summons to answer a claim does not necessarily require the defendant to attend personally.
Does Rule 4 prevent a case from proceeding against a distant party?
No. It concerns orders compelling personal attendance, not the court's jurisdiction over the dispute or the obligation to respond to valid proceedings.
Are the 50-mile and 200-mile limits applicable everywhere in India?
They are the distances stated in the central provision. State and High Court amendments may prescribe different limits in the relevant jurisdiction.
Updated: 12 October 2026. This article provides general legal information and is not a substitute for advice on a specific case.