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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order V: Issue And Service Of Summons

Order V Rule 23 CPC: Duty of Court to which summons is sent

Bare Act text

23. Duty of Court to which summons is sent.—The Court to which a summons is sent under rule 21 or rule 22 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.

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

A Court to which a summons is sent under rule 21 or rule 22 must, on receiving it, proceed as if it had issued the summons itself. It then returns the summons to the Court of issue together with the record, if any, of its proceedings about it.

Order V: Issue And Service Of Summons

  1. 1 Summons
  2. 2 Copy of plaint annexed to summons
  3. 3 Court may order defendant or plaintiff to appear in person
  4. 4 No party to be ordered to appear in person unless resident within certain limits
  5. 5 Summons to be either to settle issues or for final disposal
  6. 6 Fixing day for appearance of defendant
  7. 7 Summons to order defendant to produce documents relied on by him
  8. 8 On issue of summons for final disposal, defendant to be directed to produce his witnesses
  9. 9 Delivery of summons by Court
  10. 9A Summons given to the plaintiff for service
  11. 10 Mode of service
  12. 11 Service on several defendants
  13. 12 Service to be on defendant in person when practicable, or on his agent
  14. 13 Service on agent by whom defendant carries on business
  15. 14 Service on agent in charge in suits for immovable property
  16. 15 Where service may be on an adult member of defendant’s family
  17. 16 Person served to sign acknowledgement
  18. 17 Procedure when defendant refuses to accept service, or cannot be found
  19. 18 Endorsement of time and manner of service
  20. 19 Examination of serving officer
  21. 19A Simultaneous issue of summons for service by post in addition to personal service (Omitted)
  22. 20 Substituted service
  23. 20A Service of summons by post (Repealed)
  24. 21 Service of summons where defendant resides within jurisdiction of another Court
  25. 22 Service within presidency-towns of summons issued by Courts outside
  26. 23 Duty of Court to which summons is sent
  27. 24 Service on defendant in prison
  28. 25 Service where defendant resides out of India and has no agent
  29. 26 Service in foreign territory through Political Agent or Court
  30. 26A Summonses to be sent to officers to foreign countries
  31. 27 Service on civil public officer or on servant of railway company or local authority
  32. 28 Service on soldiers, sailors or airmen
  33. 29 Duty of person to whom summons is delivered or sent for service
  34. 30 Substitution of letter for summons
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