Order XXIX Rule 2 CPC - Service of Summons on a Corporation
Order XXIX Rule 2 of the Code of Civil Procedure, 1908 specifies how a summons may be served when a civil suit is filed against a corporation. It identifies the officers and corporate addresses through which service may be effected, subject to other applicable statutory requirements.
Text of Order XXIX Rule 2 CPC - Service on corporation
Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served-
(a) on the secretary, or on any director, or other principal officer of the corporation, or
(b) by leaving it or sending it by post addressed to the corporation at the registered office, or if there is no registered office then at the place where the corporation carries on business.
Meaning and scope of Rule 2
The rule applies to service of a court summons in a civil suit against a corporation. A summons is the court's formal notice requiring a defendant to respond to proceedings. Service of process means delivering that notice by a legally permitted method.
A registered office is the company's officially recorded address. A principal officer refers to an officer with a sufficiently senior role in the corporation; whether a particular person qualifies depends on the facts and applicable law.
Permitted modes of service
1. Service on a corporate officer - clause (a)
Summons may be served on the secretary, a director or another principal officer of the corporation. The person serving the summons should preserve reliable proof of service and the recipient's identity and position.
2. Service at the registered office - clause (b)
The summons may be left at the corporation's registered office or sent there by post. If the corporation has no registered office, the rule refers to the place where it carries on business. The correct address and evidence of dispatch or delivery may become important if service is disputed.
Relationship with other procedural provisions
The opening words, "Subject to any statutory provision regulating service of process", mean that applicable special laws and procedural requirements must also be considered. Order V CPC contains general rules concerning the issue and service of summons. Section 20 of the Companies Act, 2013 separately addresses service of documents on companies; it should not be assumed to displace court-specific service rules.
State amendments
The Uttar Pradesh amendment to Order XXIX Rule 2 adds a clause allowing service on the corporation's pleader in the district of the issuing court, where the appointment and notification conditions specified in that amendment are met. Local amendments and applicable High Court rules should be checked before relying on a particular method.
Practical example
Where a supplier files a recovery suit against a private limited company, the summons may be served on a director or other qualifying principal officer, or at the company's registered office in accordance with Rule 2. The court will assess whether the method used satisfies the governing procedural law and whether service has been proved.
Related provisions under Order XXIX
Order XXIX Rule 1 addresses signing and verifying pleadings on behalf of corporations. Order XXIX Rule 3 permits the court to require personal attendance of certain corporate officers.
Official legal sources
Read the Code of Civil Procedure, 1908 (India Code, official PDF) for the text of Order XXIX and applicable published amendments. The India Code portal also provides access to central legislation, including the Companies Act, 2013.
Legal information is general in nature. The applicable procedure can depend on the court, state amendments and facts of the case.