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The Code of Civil Procedure, 1908: page 93

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 93, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
written statement and the court shall not allow the written statement to be taken on record.
    [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
     1
      [2. Copy of plaint annexed to summons.—Every summon shall be accompanied by a copy of the
plaint.]
    3. Court may order defendant or plaintiff to appear in person.—(1) Where the court sees reason to
require the personal appearance of the defendant, the summons shall order him to appear in person in
Court on the day therein specified.
    (2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it
shall make an order for such appearance.
    4. No party to be ordered to appear in person unless resident within certain limits.—No party
shall be ordered to appear in person unless he resides—
          (a) within the local limits of the Court’s ordinary original jurisdiction, or
          (b) without such limits but at place less than fifty or (where there is railway or steamer
     communication or other established public conveyance for five-sixths of the distance between the
     place where he resides and the place where the Court is situate) less than two hundred miles distance
     from the court-house.                                                           e
                                                                            od
    5. Summons to be either to settle issues or for final disposal.—The Court shall determine, at the
time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal
of the suit; and the summons shall contain a direction accordingly:   aC
    Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final
disposal of the suit.
                                                               di
                                                          In
    6. Fixing day for appearance of defendant.—The day 2[under sub-rule (1) of rule 1] shall be fixed
with reference to the current business of the Court, the place of residence of the defendant and the time
necessary for the service of the summons; and the day shall be so fixed as to allow the defendant
sufficient time to enable him to appear and answer on such day.
    7. Summons to order defendant to produce documents relied on by him.—The summons to
appear and answer shall order the defendant to produce 3[all documents or copies thereof specified in
rule l A of Order VIII] in his possession or power upon which he intends to rely in support of his case.
    8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.—Where
the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed
for his appearance, all witnesses upon whose evidence he intends to rely in support of his case.
                                                         Service of summons
    4
      [9. Delivery of summons by Court.—(1) Where the defendant resides within the jurisdiction of the
Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to
accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent
either to the proper officer to be served by him or one of his subordinates or to such courier services as are
approved by the Court.
     (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where
he is such an officer, the summons may be sent to him in such manner as the Court may direct.
   (3) The services of summons may be made by delivering or transmitting a copy thereof by 5[speed post
with registration and proof of delivery addressed to the defendant or his agent empowered to accept the
service] or by such courier services as are approved by the High Court or by the Court referred to in


1. Subs. by Act 46 of 1999, s. 15, for rule (2) (w.e.f. 1-7-2002).
2. Subs. by s. 15, ibid., for the “appearance of the defendant” (w.e.f. 1-7-2002).
3. Subs. by s. 15, ibid., for all documents (w.e.f. 1-7-2002).
4. Subs. by Act 22 of 2002, s. 6, for rule 9 (w.e.f. 1-7-2002).
5. Subs. by Act 37 of 2025, s. 3 and Sch. II, for certain words (w.e.f. 20-12-2025).

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