Order XLVIII Rule 1 CPC: Process to Be Served at the Expense of the Party Issuing
Order XLVIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) determines who ordinarily bears the expense of serving court process and when the prescribed service fee must be deposited.
Order XLVIII Rule 1 CPC: Statutory provision
1. Process to be served at expense of party issuing
(1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs.
(2) Costs of service. The court-fee chargeable for such service shall be paid within a time to be fixed before the process is issued.
Source: Official Code of Civil Procedure, 1908 (India Code PDF), First Schedule, Order XLVIII. State amendments and applicable High Court rules should also be checked.
Meaning of Order 48 Rule 1 CPC
The general rule is that the party requesting or benefiting from the issue of a judicial process bears its service expense. The court may direct a different arrangement. Rule 1 also requires payment of the court fee chargeable for service within the time fixed by the court, before the process is issued.
Important terms explained
Process: A formal document issued through the court for a procedural purpose, such as a summons or notice requiring service.
Service: The legally prescribed act of delivering or communicating court process to the intended person.
Party on whose behalf it is issued: The litigant for whose purpose or request the court issues the process; this need not always be the plaintiff.
Court-fee chargeable for service: The applicable fee payable for issuing and serving the process, subject to relevant fee schedules and court rules.
Unless the Court otherwise directs: The court has discretion to depart from the usual allocation of service expenses in an appropriate case.
Who pays process fees and when?
Ordinarily, the party seeking issue of the summons, notice or other process must pay the prescribed service fee. The court fixes the period for payment, and Rule 1(2) requires payment before issue of the process. The actual amount, mode of deposit and administrative steps depend on the applicable court-fee provisions and local court practice.
For example, when a litigant asks the court to issue a notice to another person, that litigant ordinarily bears the cost of serving the notice unless the court orders otherwise. Failure to deposit the required fee in time may delay issue of the process and may have procedural consequences under other applicable rules or court orders.
Practical steps for litigants
- Identify the process that the court has directed or permitted to be issued.
- Check the prescribed process fee and any requirements for copies, addresses or other service particulars.
- Deposit the required fee within the period fixed by the court.
- Check the case record for issuance and the report of service, and comply with further court directions if service fails.
Related provisions under the CPC
Order XLVIII Rule 2: Provides that orders, notices and other documents required to be served under the CPC are served in the manner prescribed for service of summons. See Order XLVIII Rule 2 CPC.
Order XLVIII Rule 3: Deals with use of forms in the appendices, with appropriate variations according to the circumstances. See Order XLVIII Rule 3 CPC.
Order V: Contains the general procedural framework for issue and service of summons. Consult the official CPC entry on India Code for the statute and its First Schedule.
Frequently asked questions
Does the plaintiff always pay the service expenses?
No. The rule places the expense on the party on whose behalf the process is issued. Depending on the process, that party may be the plaintiff, defendant or another party, and the court may direct otherwise.
Can the court order someone else to bear the cost?
Yes. Rule 1(1) expressly allows the court to make a different direction.
Must the process fee be paid before a summons or notice is issued?
Rule 1(2) requires the chargeable court fee for service to be paid within the court-fixed time before issue of the process.
Is the fee identical in every Indian court?
No. The applicable amounts and filing procedures may differ under relevant fee schedules, High Court rules and local requirements.
This article explains the general CPC provision. For a particular proceeding, verify the applicable state amendments, court rules and current judicial directions.