Code of Civil Procedure, 1908 | Order XVI
Order XVI Rule 7A CPC - Summons Given to the Party for Service
Order XVI Rule 7A of the Code of Civil Procedure, 1908 provides a procedure by which a court may permit a party to a civil suit to serve a witness summons personally, instead of arranging service through the court in the first instance.
Text of Order XVI Rule 7A
(1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons on such person and shall, in such a case, deliver the summons to such party for service.
(2) The service of such summons shall be effected by or on behalf of such party by delivering or tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court.
(3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgement of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.
(5) Where a summons is served by a party under this rule, the party shall not be required to pay the fees otherwise chargeable for the service of summons.
Meaning and scope of Rule 7A
Summons: A formal direction issued by a court requiring a person to attend at a specified time and place, ordinarily to give evidence or produce material relevant to the suit. Party service: Service performed by a litigating party or someone acting on that party's behalf with the court's permission.
Rule 7A is an enabling provision: the party must apply, and the court decides whether to permit party service. It does not authorize a litigant to issue a summons independently. The summons must bear the prescribed court signature and seal, and personal delivery or tender to the witness is required under this rule.
Procedure for service of a witness summons
- Apply to the court: A party seeking the attendance of a witness requests issuance of a summons and permission to serve it.
- Obtain the summons: If permission is granted, the court delivers the signed and sealed summons to the party.
- Serve personally: The party or an authorized person delivers or tenders a copy directly to the witness.
- Record service: Follow the applicable requirements of Order V Rules 16 and 18 for acknowledgement and reporting of service.
- Seek court service if necessary: If the witness refuses service, declines to acknowledge it, or cannot be personally served, apply for re-issue and service through the court.
Related provisions explained
Order V Rule 16 - Acknowledgement of service
When a serving officer delivers or tenders a summons personally, Rule 16 provides for obtaining the recipient's signature acknowledging service on the appropriate endorsement or receipt. Order XVI Rule 7A(3) applies this requirement, so far as relevant, to party service of witness summons.
Order V Rule 18 - Endorsement of service
Rule 18 concerns the serving officer's endorsement of the time and manner of service and the identification of the person served, including relevant witness details. It applies to party service under Order XVI Rule 7A(3) as though the person serving were a serving officer.
Order XVI Rule 1 and Rule 1A - Calling witnesses
Rule 1 deals with lists of witnesses and summons applications. Rule 1A addresses producing a witness without obtaining a summons, subject to the applicable procedural requirements. Rule 7A instead concerns how an issued summons may be served.
Order XVI Rules 8 to 10 - Service and non-compliance
Rule 8 governs service of witness summons generally, subject to Rule 7A. Rule 9 concerns the time for service. Rule 10 sets out the procedure when a witness fails to comply with a summons.
What happens if the witness refuses the summons?
Under sub-rule (4), where the summons is refused, the witness refuses to sign an acknowledgement, or personal service is otherwise unsuccessful, the party may apply to the court for re-issue. The court must then re-issue it for court service in the same manner as a summons to a defendant. Refusal does not give the party an independent power to compel attendance.
Are service fees payable?
Sub-rule (5) states that a party serving a summons under Rule 7A is not required to pay the fees otherwise chargeable for service of that summons. This is a specific exemption from service fees; it should not be confused with witness expenses or other amounts that may be payable under Order XVI Rule 2 and applicable court rules.
Official legal source and practical note
The governing legislation is the Code of Civil Procedure, 1908 (Act 5 of 1908), available through India Code. Consult the First Schedule, Order XVI, and the applicable High Court amendments or local civil rules when dealing with an actual case.
Important: The application of procedural rules may be affected by state or High Court amendments and case-specific orders. This article explains the general central CPC provision and is not a substitute for checking the law and court rules applicable to the proceeding.