Order XLVIII Rule 2 CPC: How Court Orders and Notices Are Served
Order XLVIII Rule 2 of the Code of Civil Procedure, 1908 (CPC) prescribes the manner in which court orders, notices and other documents required to be served under the Code must be delivered. It applies the procedure for service of summons to these documents.
Reviewed: 13 October 2026
Text of Order XLVIII Rule 2 CPC
All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.
Source: Code of Civil Procedure, 1908 - official India Code text (PDF).
Meaning and scope of Rule 2
The expression service means legally recognised delivery or communication of a court document to the person concerned. Rule 2 establishes a general procedural standard: when the CPC requires an order, notice or other document to be served, the rules governing service of summons ordinarily govern that service as well.
The provision does not mean every court communication must use an identical delivery method. The appropriate mode depends on the applicable summons rules, the court's directions, and any special or local procedural rules.
Relevant provisions governing service of summons
Order V CPC contains the principal rules for issue and service of summons. Provisions particularly relevant to understanding Order XLVIII Rule 2 include:
- Order V Rule 9: deals with delivery of summons by the court and recognised methods of transmission, subject to applicable High Court rules.
- Order V Rule 10: provides for service by delivery or tender of a duly signed and sealed copy.
- Order V Rule 12: generally contemplates personal service where practicable, or service on an agent empowered to accept it.
- Order V Rules 15 to 19: address certain alternative recipients, refusal or inability to serve, service reports and judicial consideration of service.
- Order V Rule 20: permits substituted service when the court is satisfied that the prescribed conditions exist.
These provisions should be read with applicable amendments and procedural rules of the court concerned. The full central text is available from India Code - CPC, 1908.
How service works in practice
- Identify the document: determine whether the CPC requires the order, notice or document to be served on a particular person.
- Check the prescribed method: apply the relevant Order V provisions and any specific directions or rules governing the proceeding.
- Effect service: use a legally permitted method, which may involve personal delivery, service through an authorised agent or another method allowed by the governing rules.
- Record proof: retain the process server's report, acknowledgement or other legally acceptable proof, as applicable.
- Obtain a judicial determination if necessary: where service is disputed, refused or unsuccessful, the court may consider further steps, including substituted service when legally justified.
Electronic service and local court rules
Electronic transmission, including email, may be permitted where the CPC provisions, applicable High Court rules or valid court directions authorise it. Electronic service is not automatically valid in every civil proceeding merely because a message was sent. Parties should verify the authorised mode and evidence of delivery for the court and case concerned.
Related rules under Order XLVIII
Rule 1 generally places the cost of issuing and serving process on the party on whose behalf it is issued, unless the court directs otherwise. Rule 3 concerns use of forms in the appendices to the CPC, with variations appropriate to the circumstances.
Frequently asked questions
Does Order XLVIII Rule 2 apply only to summons?
No. It concerns orders, notices and other documents required to be given or served under the CPC, and adopts the manner of service prescribed for summons.
Can a court order or notice be served by email?
It may be possible where applicable procedural rules or court directions permit electronic service. The governing rules and proof of service must be checked.
What if the intended recipient refuses service?
The applicable provisions on refusal, service reports and the court's determination must be followed. Refusal does not by itself justify treating every attempted service as valid without the required procedural steps.
Is substituted service always available?
No. Substituted service under Order V Rule 20 requires judicial satisfaction of the relevant statutory conditions and an order authorising that method.