With regards to issue of summons and its service.

The certificate officers/revenue officers are vested with the powers of Civil Court for the purpose of receiving evidence, administering oath, enforcing attendance of witness and compelling the production of documents, the service of notices summoning the parties. I know from experience that these cases suffer from procedural defects with the result that though the order passed by these officers acting in Quasi Judicial Capacity is sound the same is set aside for reasons of procedural lapses with regard to summons and its service.
The present write up is intended to keep the executive officer acting in Quasi Judicial Capacity reminded in so far as the matter of summons and its service is concerned.
The Code Of Civil Procedure, 1908(Act 5 of 1908), for short, the CPC, in its section 27 says that when a suit has been duly instituted a summons may be issued to the defendant directing him to appear and answer the claim and this summons is required to be served in manner prescribed.
Order V under the heading 'Issue and Service of Summons' of the CPC is summarized as follows:
i) When a suit has been duly instituted(from the point of view of the executive officer it is proceeding) a summons (Notice) is to be issued to the parties in the said proceeding to answer the claim raised by way of such proceeding.
ii) The party against whom the said notice is issued may appear
    a) in person,
    b) through a pleader duly instructed and able to answer all material questions related to the proceeding.
   c) through a pleader accompanied by some person able to answer all such questions.
The notice must be signed by the presiding officer or any such officer as he may appoint for the purpose. Also the notice must bear the seal of the court of such presiding officer.
The said notice is also required to be accompanied by a copy of the plaint(petition of the first party proposed for it to be heard for the purpose of passing order against the relief sought.)
          [Rule 9(1) and Rule9(2)of Order V of the Code]
Processes adopted in service of Notice
i) The service of notice, unless otherwise directed by the Court, may be delivered or sent to the proper officer to be served by him. The proper officer may be an officer of the Court or other than that wherein such proceeding has been stated.
ii) The Court may direct that the service of notice to be made by delivering or transmitting a copy thereof by registered post acknowledgement due/speed post/courier service approved by the Court.
iii) Notice may, with the permission of the Court, be delivered electronically by way of transmission through fax message or electronic mails.
Provided that the service of notice served in this manner will be at the expense of the plaintiff(petitioner seeking remedy or relief)
*courier agencies are approved by the High Court or the District Judge.
                   [Rule 9(3) of Order V of the Code]
A Notice may be given to the plaintiff(first party) for service
Where a notice is given to the plaintiff for service the notice will be served personally as if the person effecting service were a serving officer who will require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original notice.
                [Rule 9A of Order V of the Code]
When the notice is said to be served
i) A notice is said to be duly served upon the person named in the notice if an acknowledgment or any other receipt purporting to be signed by him/his agent is received by the Court.
ii)The Court shall declare the notice duly served if such an acknowledgment is not received back within thirty days from the date of issue of notice on account of such an acknowledgment due to it being lost or mislaid or for any reason whatsoever.
iii) The court issuing the notice shall declare such notice to be duly served upon the person named in the notice if the postal article containing the summons is received back by the court with an endorsement(by the postal employee/person authorized by the courier service) to the effect that the person named in the notice has refused to accept.
                  [Rule 9(5) Order V of the Code]
Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case on such agent shall be sufficient.
Person served is required to sign acknowledgment
Where the serving officer delivers or tenders a copy of notice to the defendant personally or to an agent or other person on his behalf and he shall require the signature of the person to whom the copy of the notice is so delivered or tendered to an acknowledgment of service. The service may be on an adult member of the defendant's family in case there is no likelihood of his being found at the residence within a reasonable time and has no agent empowered to accept service of notice on his behalf.
*A servant is not a member of the family for such purpose.
[Rule 15 and Rule 16 Order V of the Code]
Endorsement of time and manner of service
The serving officer shall, in the above case, endorse or annex to the original notice, stating the time when and the manner in which the notice was served and the name and address of the person(if any) identifying the person served and witnessing the delivery or tender of such notice.
                 [Rule 18 Order V of the Code]
Procedure when the defendant refuses to accept service or cannot be found
In this case the serving officer shall affix a copy of the notice on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain and shall then return the original to the court issuing it;with a report endorsed thereon that he has affixed the copy and also the circumstances under which he did so, the name and address of the person(if any) by whom the house was identified and in whose presence the copy was affixed.
                     [Rule 17 Order V of the Code]
Examination of serving officer
When it being the case the Court shall examine or cause to be examined the serving officer on an oath. The Court may examine such serving officer on an oath even when the serving officer has returned the notice together with an affidavit to that effect. The Court is at liberty to make further enquiry in the matter as it thinks fit and shall either declare that the notice has been duly served or order such service as it thinks fit.
                     [Rule 19 Order V of the Code]
Substituted service
Where the Court is satisfied that there is reason to believe that the defendant is acting in such a way to avoid service of notice or the notice cannot be served in the ordinary way, the Court shall order the notice to be served by affixing a copy thereof in some conspicuous place in the Court-house and also upon some conspicuous part of the house(if any) in which the noticee or defendant is known to have last resided or carried business or personally worked for gain or in such other manner as the Court thinks fit.
The Court acting under the above provision may also order service by an advertisement in a daily newspaper circulating in the locality in which the defendant is last known to have actually or voluntarily resided, carried on business or personally worked for gain. The effect of substituted service is that as if it had been made on the defendant personally.
                    [Rule 20 Order V of the Code]
Service on defendant in prison
Where the defendant is confined in prison, the summons shall be delivered or sent by post or by approved courier, by fax message or by electronic mail to the officer in charge of the prison for service on the defendant.
                     [Rule 24 Order V of the Code]
Service on civil public officer
Where the defendant is a civil public officer not belonging to Indian Military, Naval or Air Force, if it appears to the Court that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is employed together with a copy to be retained by the defendant and in that case the head of the office is bound to serve it if possible and to return it under his signature with the written acknowledgment of the defendant and such signature shall be deemed to be evidence of service. Where from any cause service is impossible the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.
                     [Rule 29 Order V of the Code]
Substitution of letter for summons
The Court may substitute a summons by a letter signed by the presiding officer(Judge) or a person appointed by him in this behalf where the defendant is in the opinion of the Court, of a rank entitling him to such mark of consideration. Such letters shall contain all particulars required to be stated in a summons and the same may be sent to the defendant by post or by a special messenger selected by the Court or in any other manner which the Court thinks fit.
                     [Rule 30 Order V of the Code]

R.R.Prabhakar
24.09.2016