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The Code of Civil Procedure, 1908: page 94

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 94, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail
service) provided by the rules made by the High Court:
    Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.
     (4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction
of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant
may be made by such mode of service of summons as is referred to in sub-rule (3) 1***, the provisions of
rule 21 shall not apply.
    (5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is
received by the Court or postal article containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee or by any person authorised by the courier
service to the effect that the defendant or his agent had refused to take delivery of the postal article containing
the summons or had refused to accept the summons by any other means specified in sub-rule (3) when
tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly
served on the defendant:
     Provided that where the summons was properly addressed, pre-paid and duly sent by 2[speed post with
registration and proof of delivery, the declaration referred to in this sub-rule shall be made notwithstanding the
fact that the proof of delivery] having been lost or mislaid, or for any other reason, has not been received by
the Court within thirty days from the date of issue of summons.
    (6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for
the purposes of sub-rule (1).                                            e
                                                                   od
    9A. Summons given to the plaintiff for service.—(1) The Court may, in addition to the service of
summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the
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defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case,
deliver the summons to such plaintiff for service.
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    (2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or
                                                   In
tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may
appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in
sub-rule (3) of rule 9.
    (3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the
person effecting service were a serving officer.
     (4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of
service or for any reason such summons cannot be served personally, the Court shall, on the application of the party,
re-issue such summons to be served by the Court in the same manner as a summons to a defendant.]
    10. Mode of service.—Service of the summons shall be made by delivering or tendering a copy thereof signed
by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.
    11. Service on several defendants.—Save as otherwise prescribed, where there are more defendants
than one, service of the summons shall be made on each defendant.
    12. Service to be on defendant in person when practicable, or on his agent.—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 service on such agent shall be sufficient.
    13. Service on agent by whom defendant carries on business.—(1) In a suit relating to any
business or work against a person who does not reside within the local limits of the jurisdiction of the
Court from which the summons is issued, service on any manager or agent, who, at the time of service,
personally carries on such business or work for such person within such limits, shall be deemed good
service.
    (2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or
charterer.
    14. Service on agent in charge in suits for immovable property.—Where in a suit to obtain relief
respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant

1. Certain words omitted by Act 37 of 2025, s. 3 and Sch. II (w.e.f. 20-12-2025).
2. Subs. by s. 3 and Sch. II, ibid., for certain words (w.e.f. 20-12-2025).

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