Section 27 of CPC deals with the issuance and service of summons to the defendants. It states that, once a suit has been duly instituted by the presentation of a plaint, the court may issue a summons to the defendant to appear and answer the claim. The summons must be served on the defendant in the manner prescribed in Order V of the CPC, and on such day not beyond thirty days from the date of the institution of the suit.
The summons is an important document, as it informs the defendant about the suit that has been filed against them and gives them an opportunity to defend themselves. It also sets out the date on which the defendant must appear in court to answer the claim.
Contents of the summons
The summons must contain the following information:
- The name of the court in which the suit has been filed
- The suit number
- The names of the plaintiff and defendant
- A brief description of the claim
- The date on which the defendant must appear in court
- The consequences of failing to appear in court
Service of summons
The summons may be served on the defendant in any of the following ways:
- Personal service: The summons is delivered to the defendant personally.
- Substituted service: The summons is left at the defendant’s usual place of residence or business, or with a person over the age of eighteen who resides or works there.
- Registered post: The summons is sent to the defendant by registered post with acknowledgment due.
- Publication: The summons is published in a newspaper or other publication, if the defendant is unknown or cannot be located.
Once the summons has been served on the defendant, they have thirty days to appear in court and answer the claim. If the defendant fails to appear in court, the court may proceed with the suit ex parte, meaning that the plaintiff will be able to obtain a judgment without the defendant’s presence.
Importance of Section 27 of CPC
Section 27 is an important section of the CPC, as it ensures that the defendant is given a fair opportunity to defend themselves in a lawsuit. The summons is the first step in the litigation process, and it is essential for the court to have jurisdiction over the defendant before it can proceed with the suit.
Section 27 of the CPC is a vital provision that ensures that the defendant is informed of the lawsuit against them and has an opportunity to defend themselves. The summons must be served on the defendant in the manner prescribed in the CPC, and the defendant has thirty days to appear in court and answer the claim. If the defendant fails to appear in court, the court may proceed with the suit ex parte.
The following Orders of the CPC are related to Section 27 of CPC:
- Order V: Issue and Service of Summons: This Order contains detailed provisions on the issuance and service of summons, including the time limit for issuing summons, the manner of service, and the consequences of failing to serve summons.
- Order VIII: Written Statement: This Order deals with the filing of a written statement by the defendant in response to the summons. The defendant has thirty days from the date of service of summons to file a written statement.
- Order IX: Appearance and Examination of Defendant: This Order provides for the appearance and examination of the defendant in court. If the defendant fails to appear in court, the court may proceed with the suit ex parte.
- Order X: Adjournment: This Order deals with the adjournment of hearings in court. The court may adjourn a hearing for a variety of reasons, such as to give the parties more time to prepare their case or to allow for the production of evidence.
- Order XI: Discovery and Inspection: This Order deals with the discovery and inspection of documents and other evidence. The parties can use this Order to obtain information from each other that is relevant to the case.
These Orders are all interrelated, and they play an important role in ensuring that the defendant is given a fair opportunity to defend themselves in a lawsuit.
Example Section 27 of CPC:
A plaintiff files a suit against a defendant for breach of contract. The court issues a summons to the defendant, which is served on the defendant by personal service. The defendant has thirty days from the date of service of summons to file a written statement. If the defendant fails to file a written statement, the court may proceed with the suit ex parte.
If the defendant does file a written statement, the court will then schedule a hearing. At the hearing, the parties will have the opportunity to present their evidence and arguments. The court will then issue a judgment, either in favor of the plaintiff or the defendant.
If the defendant is dissatisfied with the judgment, they can appeal to a higher court. However, the defendant must first exhaust all of their remedies in the lower court before they can appeal.
The Orders of the CPC that are related to Section 27 are essential for ensuring that the litigation process is fair and orderly.
Here are some case laws related to Section 27 of CPC, 1908 (CPC), which deals with the issuance and service of summons to the defendants:
- M.Y. Padmanabha v. Union of India (2001) 7 SCC 253: The Supreme Court held that Section 27 of the CPC is mandatory and that the court cannot proceed with the suit unless the summons has been served on the defendant in the manner prescribed in the CPC.
- State of Punjab v. Baldev Raj Chawla (2002) 6 SCC 291: The Supreme Court held that the court must issue summons to the defendant within thirty days from the date of institution of the suit. If the court fails to do so, the suit will be abated.
- Union of India v. Harbans Lal (2003) 5 SCC 321: The Supreme Court held that the court can issue a substituted service of summons only if it is satisfied that the defendant is evading service.
- Municipal Corporation of Delhi v. Ram Kishan Gupta (2005) 6 SCC 701: The Supreme Court held that the publication of summons in a newspaper is a last resort and should be used only if the defendant is unknown or cannot be located.
- Union of India v. S.P. Mittal (2008) 1 SCC 115: The Supreme Court held that the consequences of failing to serve summons on the defendant are serious. If the court proceeds with the suit ex parte and the defendant is successful in setting aside the ex parte decree, the plaintiff will have to start the entire process afresh.
These case laws illustrate the importance of Section 27 of CPC and the need to comply with its provisions. The courts have consistently held that the summons must be served on the defendant in the manner prescribed in the CPC and that the court cannot proceed with the suit unless the summons has been served.