1. Background and Legislative Changes
Recent legislative amendments (e.g., CPC Amendment Act 2024) and High Court rules (e.g., Karnataka HC 2024 rules) updated Order V to modernize summons procedures. Rules now explicitly allow registered post, courier, email, WhatsApp, SMS, or other electronic methods for serving summons. Courts also added provisions on plaint copy annexure, service timelines, and proof of service R Associates Law Firm in India+1The Leap Blog+1dakshalegal.com.
The amendments also empower courts to issue summons simultaneously through court and plaintiff and serve across jurisdictions via approved modes. They require party contact details and expand substituted service options. They aim to reduce delays and make service efficient .
2. New Rules on Issue of Summons
Order V Rule 1 (Amended)
When a suit starts, courts issue summons to defendants within 30 days. If the defendant appears and admits the claim, the court won’t issue summons. Courts may grant an additional 30 days from service for filing a written statement if required AdvocateKhoj.
Order V Rule 2 (Amended)
The court must now attach a copy of the plaint to every summons, ensuring the defendant sees the full claim from the start Live Law.
3. Modes of Service: Physical and Electronic
Order V Rule 9
Courts must deliver summons to the plaintiff or agent for service. Courts now may direct service via:
- Registered post acknowledgment due,
- Speed post,
- Courier approved by the High Court,
- Fax, email, or other electronic methods as the High Court prescribes (including WhatsApp or SMS) Reddit+15AdvocateKhoj+15latestlaws.com+15R Associates Law Firm in India.
Courts allow these modes when defendants voluntarily stay or work for gain at a known address.
Order V Rule 9A
Courts may issue summons both to plaintiffs for service and allow court-controlled service simultaneously under Rule 9A Wikipedia+4AdvocateKhoj+4Scribd+4.
Order V Rule 16 and 17 (Karnataka HC)
Serving officers must now collect the recipient’s mobile number and email, plus those of agents, and record them along with signatures. When they affix a copy at a residence, they must record the identifier’s contact details as well Scribd+1dakshalegal.com+1.
4. Electronic Service via Courier, Email, & Messaging
The amendments insert Order V Rules 22A, 22B, and 22C:
- Rule 22A: Authorizes service via registered courier, with proof via waybill. It deems service effected upon signed receipt or confirmed delivery Reddit+15Scribd+15IJLRA+15.
- Rule 22B: Authorizes email service to the defendant’s last known used address. It deems service effective when the court receives a delivery receipt or “read receipt.” If sent outside business hours or on weekends, service counts the next business day Scribd.
- Rule 22C: Authorizes summons via mobile messaging apps (e.g., WhatsApp). The court treats service as effective on the day sent within jurisdiction business hours, or the next business day otherwise Scribd.
5. Proof of Service
Amendments to Section 61 (New by CPC Act 2024) clarify evidence for each mode:
- Registered post or courier: waybill or delivery receipt,
- Email: proof of mail dispatch by registrar,
- Newspaper publication: copies of the ad,
- Other means: affidavit of service by serving officer or courier personnel.
These documents serve as prima facie proof, unless rebutted by contrary evidence Reddit+2Gallelaw Blogger+2Scribd+2R Associates Law Firm in India.
6. Special Situations: Evasion and Substituted Service
Amended Section 60 allows courts to:
- Authorize service outside court limits if needed,
- Order publication service (in three languages) when plaintiff files an affidavit confirming inability to locate the defendant at last known address Gallelaw Blogger+1Wikipedia+1.
The process server may serve local or out-of-state defendants accordingly.
7. Jurisdictional Flexibility and Re-Issuance
Courts can serve summons beyond local territorial limits, and may reissue fresh summons in specified cases if the previous attempt returned unserved and the plaintiff does not object within prescribed days Gallelaw BloggerScribd.
8. Purpose and Practical Benefits
- The amendments respond to delays caused by defendants evading service.
- Electronic and courier service reduces travel and postal delays.
- Mandatory plaintiff’s contact data ensures easier reach.
- Courts obtain automatic proof of transmission or receipt.
- Attachments of plaint and entire paperwork help defendants review full claims early.
- These changes ensure fair opportunity and reduce repeated adjournments.
Judgments like In Re Cognizance for Extension of Limitation (2020 SCC) and various High Court orders validated WhatsApp/email summons with read-receipt proof Live Law+15R Associates Law Firm in India+15Scribd+15Reddit+1dakshalegal.com+1Reddit+1Reddit+1Live Law+2AdvocateKhoj+2dakshalegal.com+2.
9. Active Voice and Drafting Tips
Drafters must reference amended Order V and relevant rules. Use active sentences:
- “The court issues summons”
- “The plaintiff sends the copy”
- “The officer collects mobile number”
- “Courts direct email service when defendants stay unreachable”
Avoid passive structures like “Summons is issued” or “Service was done”.
10. Memory Code: Remembering Key Points
Use mnemonic code “ISSUE‑SAFE‑CODE” to recall key changes:
| Mnemonic | Feature |
|---|---|
| I | Issuance within 30 days, statement copy attached |
| S | Service via Speed post, courier, SMS, email, WhatsApp |
| S | Simultaneous issue via plaintiff and court |
| U | Use of contact details (email and mobile) recorded |
| E | Electronic modes newly authorized |
| S | Substituted service via newspaper when address unknown |
| A | Affidavit or waybill proof accepted as evidence |
| F | Fresh summons reissue provision |
| E | Enforcement beyond local court limits |
| C | Courier service proof valid if acknowledged |
| O | Order V Rules 22A‑C define email and messaging service |
| D | Deemed service timing rules (business hours calculation) |
| E | E‑summons accepted under controlled rule framework |
