Sections 27 and 28 of the Code of Civil Procedure, 1908

Section 27 CPC deals with issue of summons to a defendant after a suit has been duly instituted. Section 28 governs service of summons where the defendant resides in another State and also provides for translation of the service record in specified cases.

Legal text reviewed: September 6, 2026. The central provisions below should be read with the applicable Orders and Rules in the First Schedule, State and High Court rules, and binding judicial decisions.

Section 27 CPC

Summons to defendants

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed on such day not beyond thirty days from date of the institution of the suit.

In brief: Section 27 authorizes issue of summons after due institution of the suit. The detailed mode, form and procedure of service are governed by the prescribed CPC rules, particularly the relevant provisions of Order V.

Section 28 CPC

Service of summons where defendant resides in another State

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record, if any, of its proceedings with regard thereto.

(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record -

in Hindi, where the language of the Court issuing the summons is Hindi; or
in Hindi or English where the language of such record is other than Hindi or English,

shall also be sent together with the record sent under that sub-section.

In brief: Section 28 enables interstate service through the appropriate Court in the other State and requires the receiving Court to process and return the summons and its service record. Sub-section (3) addresses translation where the languages differ.

Important amendment notes

The words requiring the date to be not beyond thirty days from institution of the suit were inserted in Section 27 by Act 46 of 1999 and came into force on July 1, 2002.
Section 28(3) was inserted by the Code of Civil Procedure (Amendment) Act, 1976, section 12, with effect from May 1, 1977.

Official reference: Code of Civil Procedure, 1908 - India Code. For actual service procedure, also verify the applicable provisions of Order V and relevant State or High Court rules.