Order V Rule 9 CPC - Delivery of Summons by Court
Order V Rule 9 of the Code of Civil Procedure, 1908 (CPC) governs how a civil court sends and serves summons on a defendant. It covers service through court officers, approved couriers, postal methods and certain electronic methods, together with the consequences of refusal to accept service.
Meaning and purpose of Order V Rule 9
A summons is a formal court process requiring a defendant to appear and answer a civil claim. Service of summons is the legally prescribed communication of that process to the defendant or an agent authorized to accept it. Rule 9 provides the methods for delivery, subject to directions of the court, applicable High Court rules and any relevant local amendments.
Order V Rule 9 - statutory provisions explained
Sub-rule (1): Delivery within jurisdiction
Where the defendant or an agent authorized to receive summons resides within the issuing court's jurisdiction, the court ordinarily sends the summons to its proper serving officer, a subordinate, or a court-approved courier, unless it directs otherwise.
Sub-rule (2): Officer of another court
The serving officer need not belong to the issuing court. The summons may be forwarded to an officer of another court as directed.
Sub-rule (3): Permitted postal and electronic modes
The court may use registered post acknowledgment due, speed post, approved courier services, or other document-transmission modes such as fax or email where High Court rules permit. The plaintiff bears the expenses of service under this sub-rule.
Sub-rule (4): Defendant outside jurisdiction
For a defendant outside the issuing court's jurisdiction, the court may direct the specified Rule 9(3) modes other than registered post acknowledgment due. In that situation, Rule 21 does not apply.
Sub-rule (5): Acknowledgment, refusal and deemed service
A signed acknowledgment or qualifying refusal endorsement triggers the rule's direction to declare due service. The proviso also addresses properly addressed, prepaid registered post acknowledgment due where acknowledgment has not arrived within 30 days. The court must assess whether the statutory conditions are met.
Sub-rule (6): Panel of courier agencies
The High Court or District Judge, as applicable, prepares a panel of courier agencies for court-approved service.
Full text of Order V Rule 9 CPC
The six sub-rules and their provisos are reproduced below from the supplied statutory text for reference.
(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.
(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him in such manner as the Court may direct.
(3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:
Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.
(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post acknowledgment due), the provisions of rule 21 shall not apply.
(5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant :
Provided that where the summons was properly addressed, pre-paid and duly sent by registered post acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of issue of summons.
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for the purposes of sub-rule (1).
Practical points for litigants
The plaintiff should provide a correct service address, the required copies and applicable service charges. Where email or another electronic channel is proposed, the party should check the rules and directions of the relevant High Court and preserve reliable transmission records. Mere dispatch does not automatically prove valid service in every case.
If a defendant refuses a properly tendered summons, the court may rely on the statutory proof of refusal under Rule 9(5). Where ordinary service fails, other provisions of Order V, including Rules 17, 19 and 20, may become relevant. An order for substituted service requires the conditions of Rule 20 to be satisfied.
Related provisions
Order V Rule 1: issue of summons; Rule 2: copy of plaint with summons; Rule 9A: summons given to the plaintiff for service; Rule 10: prescribed form of service; Rule 21: service where the defendant is within another court's jurisdiction. These rules should be read together with the applicable court rules.
Official legal source
Consult the current statutory text and applicable High Court amendments or practice directions for proceedings in a particular court.
Updated: 12 October 2026. This article provides general legal information and is not a substitute for advice on a particular case.