Order XXVII - Issue and Service of Summons
Order XXVII of the Supreme Court Rules, 2013 governs the issue and service of summons in original suits before the Supreme Court of India. It sets out how the defendant is notified, the manner of entering appearance, and the procedure for obtaining directions from the Judge in Chambers.
The rules operate in the context of the Court's original jurisdiction, including suits under Article 131 of the Constitution of India, which confers exclusive original jurisdiction over specified disputes involving the Union and States where the existence or extent of a legal right is in question, subject to constitutional limitations.
Order XXVII - Rules 1 to 8
The following reproduces the substantive requirements of all eight rules, with descriptive headings for easier reference.
Rule 1 - Institution and issue of summons
When a suit has been duly instituted a summons shall be issued to the defendant to appear and answer the claim.
Rule 2 - Signature and seal
Every summons shall be signed by the Registrar, and shall be sealed with the seal of the Court.
Rule 3 - Copy of plaint
Every summons shall be accompanied by a copy of the plaint.
Rule 4 - Service of summons
The summons shall be served by being sent by registered post to the Attorney-General for India or the Advocate-General for the State, as the case may be, or to an advocate-on-record of the defendant empowered to accept service.
Rule 5 - Twenty-eight days to appear
There shall be endorsed on every summons a notice requiring the defendant to enter an appearance within twenty-eight days after the summons has been served.
Rule 6 - Memorandum of appearance and default
A defendant shall enter the appearance by filing in the Registry a memorandum in writing containing the name and place of business of his advocate-on-record if any, and in default of appearance being entered within the time mentioned in the summons, or as hereinafter provided, the suit may be heard ex-parte.
Rule 7 - Notice to plaintiff
The defendant shall forthwith give notice of his having entered an appearance to the plaintiff.
Rule 8 - Summons for directions
The plaintiff shall within fourteen days after the defendant has entered an appearance take out a summons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such direction with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient.
Procedure and time limits
After the institution of an original suit, the Registry issues a signed and sealed summons together with a copy of the plaint. Service under Rule 4 is addressed to the appropriate Attorney-General, Advocate-General or authorised advocate-on-record. The summons requires the defendant to enter appearance within 28 days after service. The defendant must file the prescribed memorandum and promptly notify the plaintiff. Within 14 days after appearance, the plaintiff is to take out a summons for directions before the Judge in Chambers.
Failure to enter appearance may result in the suit being heard ex parte, subject to the Court's directions and applicable procedural safeguards. The Judge in Chambers may direct the subsequent course of pleadings, disclosure and other interlocutory steps.
Meaning of important legal terms
Summons: A formal process issued by the Court requiring the defendant to appear and answer the plaintiff's claim. Plaint: The pleading by which a plaintiff institutes a civil suit and sets out the material facts and relief claimed. Advocate-on-record: An advocate entitled under the Supreme Court Rules to act and file proceedings for a party before the Court. Appearance: The defendant's formal entry in the Court Registry indicating participation in the suit. Ex parte: Proceedings conducted without the participation of a party who has failed to appear. Summons for directions: A procedural application for the Judge in Chambers to regulate further steps in the suit. Interrogatories: Written questions permitted in discovery to obtain relevant information from another party.
Official Supreme Court resources
For the authoritative rules and subsequent amendments, refer to the Supreme Court of India - Supreme Court Rules. The Fourth Schedule includes the form of summons for disposal of a suit (Form 12). Always check the current official rules, amendments and case-specific judicial directions before taking procedural steps.
This article addresses summons in original suits under Order XXVII. It should not be confused with the general service provisions for other Supreme Court proceedings.