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Order V CPC Rules 1-5: Issue of Summons, Personal Appearance and Purpose of Summons

Order V of the Code of Civil Procedure, 1908 deals with the issue and service of summons. Rules 1 to 5 cover the issue of summons to a defendant, the copy of plaint accompanying the summons, personal appearance of parties, territorial limits for ordering personal appearance, and whether the summons is for settlement of issues or final disposal of the suit.

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Official text: For the consolidated statutory text and amendments, see the Code of Civil Procedure, 1908 on India Code.

Rule 1 of Order V CPC - Summons

(1) When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant.

Provided that no such summons shall be issued when a defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim.

Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-

(a) in person; or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit; or

(c) by a pleader accompanied by some person able to answer all such questions.

(3) Every such summons shall be signed by the Judge or such officer as the Judge appoints, and shall be sealed with the seal of the Court.

Important distinction for commercial disputes: In a suit concerning a commercial dispute of a specified value, the special amendment made through section 16 and the Schedule to the Commercial Courts Act, 2015 substitutes the second proviso to Order V Rule 1(1). In such commercial suits, a written statement may be permitted beyond 30 days for recorded reasons and costs, but not beyond 120 days from service of summons. On expiry of 120 days, the defendant forfeits the right to file the written statement and the Court cannot take it on record.
Jammu & Kashmir and Ladakh: The adaptation orders applicable to the Union Territories substitute the second proviso to Order V Rule 1 with the 120-day formulation, including forfeiture of the right to file the written statement after expiry of that period.

Rule 2 of Order V CPC - Copy of Plaint Annexed to Summons

Every summons shall be accompanied by a copy of the plaint.

Rule 3 of Order V CPC - 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 the defendant to appear in person in Court on the day specified in the summons.

(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.

Rule 4 of Order V CPC - When a Party May Be Ordered to Appear in Person

No party shall be ordered to appear in person unless the party resides-

(a) within the local limits of the Court's ordinary original jurisdiction; or

(b) outside those limits but at a place less than fifty miles from the court-house, or less than two hundred miles where railway, steamer communication or other established public conveyance is available for five-sixths of the distance between the place of residence and the Court.

Rule 5 of Order V CPC - Summons for Settlement of Issues or 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.

Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.

What Rules 1-5 of Order V CPC Mean in Practice

These provisions establish the first procedural steps after institution of a civil suit. The defendant is formally called upon to answer the claim, normally receives the plaint with the summons, and may be directed to appear personally when the Court considers such appearance necessary. Rule 4 limits when personal appearance can be compelled, while Rule 5 requires the Court to state whether the summons is for settlement of issues or for final disposal.

The time limit for a written statement must be read with the provisions applicable to the type of suit. Commercial disputes of specified value are governed by the stricter 120-day regime introduced through the Commercial Courts Act, 2015.