Order V Rule 9A CPC - Summons Given to the Plaintiff for Service
Order V Rule 9A of the Code of Civil Procedure, 1908 (CPC) allows a civil court, on the plaintiff's application, to permit the plaintiff to serve a summons on the defendant in addition to service through the court under Rule 9. The rule also addresses the method of service, acknowledgment and the procedure when personal service is unsuccessful.
Order V Rule 9A - Statutory provision and explanation
Sub-rule (1): Permission for plaintiff to serve summons
The Court may, in addition to service under Rule 9, on the plaintiff's application for a summons requiring the defendant's appearance, permit the plaintiff to effect service and deliver the summons to the plaintiff for that purpose.
Meaning: The plaintiff must request permission; the court decides whether to allow plaintiff-assisted service. It supplements, rather than necessarily replaces, the ordinary court-service mechanism.
Sub-rule (2): How summons may be served
Service by or on behalf of the plaintiff may be effected by personally delivering or tendering to the defendant a copy signed by the judge or an authorised court officer and sealed with the court's seal, or by a mode referred to in Order V Rule 9(3).
Meaning: The summons must be properly authenticated. Where a Rule 9(3) method is used, its applicable statutory requirements must be followed.
Sub-rule (3): Acknowledgment and record of service
Order V Rules 16 and 18 apply to summons personally served under Rule 9A as though the person serving it were a serving officer.
Meaning: Rule 16 concerns acknowledgment of personal service; Rule 18 concerns endorsement of service details, including the time, manner and relevant identification or witnessing information.
Sub-rule (4): Refusal or unsuccessful personal service
If the defendant refuses the summons, refuses to sign acknowledgment, or personal service cannot be completed for any reason, the court shall, on the party's application, reissue the summons for service by the court in the same manner as summons to a defendant.
Meaning: A failed plaintiff-assisted attempt does not itself dispense with proper service. The party may apply for court service under this provision.
Practical procedure under Rule 9A
- The plaintiff applies to the court for permission to serve summons.
- If permission is granted, the court supplies the duly signed and sealed summons.
- The plaintiff or an authorised person attempts service using a method permitted by Rule 9A(2).
- For personal service, the acknowledgment and service endorsement requirements of Rules 16 and 18 are followed.
- If service is refused or personal service fails, the party applies for reissue through the court under Rule 9A(4).
Related legal provisions
Order V Rule 9: Governs delivery or transmission of summons for service through court mechanisms and specified service modes. Rule 10: Provides the general mode of service. Rule 16: Addresses acknowledgment when summons is personally delivered or tendered. Rule 18: Requires an endorsement about service by the serving officer. Rule 9A: Specifically enables court-permitted service by the plaintiff.
For the statutory text and applicable amendments, consult the Code of Civil Procedure, 1908 on India Code. State amendments, High Court rules and applicable court directions should also be checked in the relevant jurisdiction.
Frequently asked questions
Can a plaintiff serve summons directly under the CPC?
Yes, but only with the court's permission under Order V Rule 9A and in accordance with the prescribed modes of service.
What happens if the defendant refuses to accept summons?
Under Rule 9A(4), the party may apply for the summons to be reissued for service by the court. Refusal and the circumstances of the attempt should be properly recorded.
Is a signed and sealed summons necessary?
For the personal delivery or tender method in Rule 9A(2), the copy must be signed by the judge or designated court officer and bear the court seal.
This article explains the general CPC framework. Procedural requirements may vary with applicable amendments and judicial directions.