The most basic and the initial step of a Civil Proceeding is the provision of Issuing summons to the Parties in a suit. The Code of Civil Procedure prescribes rules under Order 5 read with Section 27 to 29 in relation with Summons to Defendant.

Meaning of Term Summons

The term summons has not been defined in the Code of Civil Procedure 1908 but according to Black's Law Dictionary: Summons means a writ stating an action is commenced against him in court.

In Code of Civil Procedure 1908, summons can be issued to the following persons:

• Summons To Defendant - Order 5 of Code and Section 27 to 29 of Civil Procedure 1908
  • When any party (Plaintiff) files a suit against another party (Defendant), the Defendant must be informed that the suit is filed against him, and it is necessary to appear before the court of justice to defend himself. In such a situation, the court sends an intimation document to the defendant, which is said to be a summons to the defendant.
  • The summons of the Defendant can serve two purposes:
    • For settlement of issues.
    • For final settlement of the suit.
• Summons To Witnesses – Order 16 and Section 27 to 31 of Code of Civil Procedure
  • The summons shall issue by the Court to any person to give evidence as a witness or produce documents which are in his possession before court on a particular date. Such an intimation document is said to be a summons of Witness. The summons of Witnesses can serve two purposes:
    • For giving his oral evidence.
    • For final production of documents.

Important Conditions in Relation with Summons of Defendant

• Summons shall be issued by the Court in which the suit is pending before it for the appearance of the defendant and opportunity to answer the plaintiff's claim.
• Summons may be served within 30 days from the institution of the suit.
• Every summons shall be signed by the presiding Judge or its officer with the seal of the court.
• Copy of plaint should be accompanied with summons.
• The Summons to the defendant must show its purpose of issuance.

When Summons is Not Necessary to Issue

When the Plaintiff's claim in a suit is admitted by the Defendant before issuance of summons, then there is no need for the issue of summons and the court shall pronounce judgment in favor of the plaintiff (Order 12 Rule 6 Of C.P.C.)

Liability of Defendant

• It is the duty of the defendant to appear and file his defense in pleading, i.e., written statement within 30 days from the date of service of summons. The Court may extend such a period up to 90 days from such service. If the defendant fails to file such written statement, then the court is empowered to pronounce judgment against such a defendant, subject to its discretion to call for proof of fact pleaded by the plaintiff (Order 8 Rule 1 of CPC).

Appearance and Exemption from Personal Appearance

• The Defendant, after receiving the summons, may appear either personally or through his pleader or through any other pleader accompanied by any person authorized to answer on behalf of the defendant.
• It shall not be necessary for the defendant to appear personally if he falls under the benefit of exemption as follows:
  • Defendant is a woman who is not appearing in public according to the custom and manner of the country.
  • Defendant is anyone holding an official character such as The President of India, The Vice President of India, Speaker of Parliament or State Legislative Assembly, The Judges of High Court or Supreme Court, Minister of Union or States, etc.
  • The Defendant is not residing in the local limits of jurisdiction of the court.
  • The Defendant resides outside such local limits beyond 50 miles or 200 miles (if any conveyance is available) from such court.
  • The defendant appears before court in a representative character; then other defendants may be exempted (Order 1 Rule 8).

Content of Summons

Every summons should provide its purpose, i.e., either it is issued for settlement of issues or for the final decision of the suit. The summons must state the intended date fixed by the court for appearance, and such date should not be unreasonable to the defendant for appearance and answering to the suit.

Modes Of Service of Summons

There are certain modes of service of summons. The Court always endeavors to speed up the trial, but it also ensures that reasonable opportunity is given to the parties of the suit. Hence the summons to the defendant can be served by any of the following modes:

• Summons issued by the court personally to the Defendant or his agent:
  • It is an ordinary way to serve summons to the defendant. After the institution of the suit, the court may issue summons to the defendant, and such summons shall be delivered by the officer of the court (Belief of court) to the Defendant personally or through his agent, if any, or in absence of the defendant, in his ordinary residence, the summons shall be served on an adult member of his family (Adult male member by Bombay High Court Amendment). After such service, the officer of the court (Belief of court) shall obtain the signature of the Defendant or his agent or adult member of his family to whom it is served personally and return the original copy of summons to the court with his report.
     
• Service of Summons through Courier services (R.P.A.D. Service):
  • The High Court of the concerning territory shall make rules for such services. The service of summons can be made through Registered Postal Acknowledgement Due or Speed post or courier services. This is in addition to the direct service of summons (Order 5 Rule 9(4) Of CPC).
     
• Service of summons by plaintiff (By Hand Service):
  • The court may allow the service of summons through the plaintiff on his application. Such service is valid service, and the rule of direct service by the Court is applicable to such mode of service of summons (Order 5 Rule 9-A Of CPC).
     
• Service Of Summons By Substituted Service - (Order 5 Rule 20 Of CPC):
  • When the court is satisfied that the Defendant is keeping himself away from service of summons in the ordinary way, the court shall serve summons by the following ways:
    • Affixing a Copy of summons in a conspicuous part of the Court House.
    • Affixing a Copy of summons in a conspicuous part of the Defendant's House.
    • Advertisement in a local newspaper where the defendant ordinarily resides or carries on business or works personally for gain.
       
• Service Of Summons Through Electronic Message- (Order 5 Rule 9 (3) Of CPC):
  • It is admissible nowadays for expediency and speedy service of summons. The Service of summons on Defendant can be made by giving a copy of summons to the defendant through any electronic media such as Emails or Fax under rules prescribed by the High Court.
     
• Service of Summons in Special Case - Order 5 Rule 21-30, Section 28, Order 29 Rule 2, and Order 30 Rule 3 of C.P.C.

For better understanding we shall refer these special cases herein under:

Sr.No.	If Defendant	Service Of Summons
1	Resides Outside Jurisdiction of Court or state	Serve through the court where he resides
2	Resides in foreign Country	Serve through Electronic mail ,fax or courier
3	Resides in Presidency town of Mumbai, Kolkata or Chennai	Serve through Small Causes Court situated therein
4	Is public servant	Serve through Head of department where he is working as public servant
5	Is Soldier, sailor or airman	Serve through his commanding officer
6	Is Corporation	Serve through Manager, secretary ,director
7	Is Partnership Firm	Serve through Firm, one or more partners having control over it
8	Is in prison	Serve through officer incharge of jail authority

Objection to Service of summons
Any objection as to service of summons shall be raised by the party at earliest opportunity otherwise it deemed to be waived by the party.

Conclusion
When the plaintiff filed a suit for relief against the defendant, the party who facing allegation must be given an opportunity to express his defence. The document which intimate the defendant that the suit is pending against him is said to be summons to defendant. We can say that Summons is the stage which initiate the proceeding of suit towards its settlement.