Order LIII - Service of Documents under the Supreme Court Rules, 2013
Order LIII prescribes how notices, orders and other documents are served in proceedings before the Supreme Court of India. It addresses service through the Registry, service on governments and advocates-on-record, dasti service, evidence of service and the consequences of delay.
Meaning and legal framework
Service of documents is the formal delivery or legally recognised communication of court process to a party or representative so that the recipient has notice of proceedings or directions. Under Rule 1, the Registry ordinarily serves documents in the manner prescribed by the applicable Code for service of summons, except where a statute or the Supreme Court Rules provide otherwise.
For civil proceedings, the relevant provisions include the Code of Civil Procedure, 1908, particularly Order V (issue and service of summons). For criminal proceedings, the applicable criminal procedure law and any transitional or saving provisions must be considered. The India Code portal provides the official texts of central legislation.
Rules 1 to 8: service of notices and documents
1. Except where otherwise provided by any Statute or prescribed by these rules, all notices, orders or other documents required to be given to or served on, any person shall be served by the Registry in the manner provided by the Code for the service of a summons.
In criminal proceedings, to compel appearance of an accused, the Court may direct issuance of warrant and other processes in the manner provided by the Code.
(a) In order to avoid delay in the service of the notices, the following procedure shall be adopted for effecting service on Union of India or State Government (s) as respondents:-
(i) In all matters in which the Court directs the issue of notice to the Union of India or to any State Government or to any of its authorities, the petitioner/appellant shall specify the proper department and address of the Union of India or the State Government as the case may be, on whom the notice is required to be served.
The notice along with a copy of the petition with its annexures shall be served on the proper department;
additionally on the Standing Counsel/Advocate of the Union Government or the State Government;
(iii) In-charge of the Central Agency Section at Supreme Court of India, In case of Union Government;
(iv) Special Officer/Resident Commissioner so appointed by the State Government or any of its authorities in Delhi, as the case may be. The respective Government may also authorise Special Officer/Resident Commissioner in Delhi to execute vakalatnama in favour of their respective Advocate-on-Record to enable them to take appropriate steps to complete pleadings expeditiously.
(b) The service of notice on the said Standing Counsel/ Advocate/In-charge of the Central Agency Section/Special Officer/ Resident Commissioner shall be treated as sufficient service on the concerned Government or any of its Departments.
2. Service of any notice, order or other document on the Advocate-on-record of any party at his address registered with office or registered e-mail address shall be deemed sufficient service on the party whom he represents and may be effected by delivering it to the Advocate-on-record or by leaving it with a clerk in his employ at his office or by sending it at his registered e-mail address.
3. Service of any notice, order or other document upon a person who resides at a place within the territory of India may ordinarily be effected by posting copy of the document required to be served in pre-paid envelope registered for acknowledgment addressed to the party or personally at the place where be ordinarily resides and through the District Judge concerned:
Provided that the Registrar may direct in a particular case or class of cases, that the service shall be effected in the manner provided by the Code for the service of summons:
Provided further that, where 'dasti' service (i.e. service through party) is directed or allowed, the party shall (unless permitted otherwise), within fifteen days of issue of dasti, tender the 'dasti' notice to addressee in person and obtain an acknowledgment of service from the addressee. In case the addressee declines to receive or acknowledge the service of, notice the party shall move the principal civil court (other than High Court) within local limits of whom addressee resides (or carries on business or personally works for gain), for service through special bailiff, the process fee/charges for which shall be borne by the said party. The concerned court shall direct expeditious service of notice through special bailiff and cause a report of service to be sent to the Registrar of this Court by registered /Speed Post A.D., the charges for which shall be paid by the concerned party, and forward a copy of the said report through the party, for being submitted to this Court.
4. A document served by post shall be deemed to be served at the time at which it would be delivered in the ordinary course of post.
5. Except where the notice or process has been served through
Registry, the party required to effect the
service shall file an affidavit of service, along with such
proof thereof as may be available stating the manner in which the
service has been effected.
6. Where the notice, order or other document has been served through another Court, the service may be proved by the deposition or affidavit of the serving officer made before the Court through which the service was effected.
7. Service effected after Court hours shall for the purpose of computing any period of time subsequent to that service be deemed to have been effected on the following day.
8. If service of any notice, order or document has not been completed within six months from the date of issue of notice, the matter shall be reported to the Court for direction after notice to the Advocates-on-record for the parties. The Court may thereupon dismiss the matter for non-prosecution or give such direction in the matter as it deems fit.
How the provisions operate
Service on the Union or a State Government
Rule 1 requires identification of the correct department and address. It also sets out additional channels, including standing counsel, the Central Agency Section in Union matters and an authorised State Government officer or Resident Commissioner. The prescribed service on designated representatives is treated as sufficient service on the concerned Government or department.
Advocate-on-record and registered email
Rule 2 treats delivery to the advocate-on-record, service at the registered office through the clerk, or transmission to the registered email address as sufficient service on the represented party.
Dasti service and supporting evidence
Rule 3 provides for service within India and contains the procedure for dasti service, including the fifteen-day requirement and steps where the addressee refuses service. Rule 5 requires an affidavit of service with available proof when service is effected other than through the Registry.
Time limits and unserved notices
Under Rule 7, service after Court hours is treated as service on the next day for computing subsequent periods. Rule 8 addresses notices not served within six months: the matter is reported to the Court, which may issue directions or dismiss it for non-prosecution.
Official references
Consult the Supreme Court of India - Supreme Court Rules and the Supreme Court official website for the Rules, amendments, practice directions, notifications and case-specific procedural requirements. Where there is a difference between a summary and the applicable official Rules or order, the latter governs.