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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XLIX: Chartered High Courts

Order XLIX Rule 1 CPC: Who may serve processes of High Court

Bare Act text

1. Who may serve processes of High Court.—Notice to produce documents, summonses to witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Notices to produce documents, summonses to witnesses and other judicial process issued in the High Court's original civil jurisdiction, and in its matrimonial, testamentary and intestate jurisdictions, may be served by the attorneys in the suits, by persons they employ, or by others the High Court directs by rule or order. Summonses to defendants, writs of execution and notices to respondents are excepted.

Order XLIX: Chartered High Courts

  1. 1 Who may serve processes of High Court
  2. 2 Saving in respect of Chartered High Courts
  3. 3 Application of rules