MODULE 5

Steps in an institution of Suit

 Jurisdiction
● Jurisdiction means the legal authority or power of a court to hear,
try, and decide a case.
Place of Suing
Jurisdiction ● This refers to the correct geographical location or venue where the
and place suit must be instituted.
● It is governed mainly by Sections 16 to 20 of the Code of Civil
of suing Procedure (CPC), 1908).
● To ensure that a case is filed in a place Convenient for both parties.
 ● This Section states that every suit shall be instituted in the court of
the lowest grade competent to try it.
● It refers to the pecuniary jurisdiction of the Court.
Sec 15- ● Section 15 directs that a plaintiff must file a civil suit in the
Pecuniary lowest level court that is legally capable of hearing and deciding
the case.
Jurisdiction ● Section 15 is mandatory, not optional.
● The main objective of this section is to see that the courts of
higher grades shall not be overburdened with suits.
 Facts
● Plaintiff (Kiran Singh) filed a suit in the Subordinate Judge’s Court
Kiran Singh (higher than the lowest), claiming possession of land and mesne
profits, valued at ₹2,950.

v. Chaman ● The Subordinate Judge dismissed the suit; District Court dismissed
the appeal.
Paswan ● On second appeal, the High Court (Patna) revalued the suit at
₹9,980 and held that the appeal should have been to the High
(AIR 1954 Court due to the higher valuation. They ruled, however, that no
prejudice occurred, so decree was upheld
SC 340) Legal Issues
● Does filing in a higher court due to undervaluation violate Section
15 CPC (suit must be in the lowest competent court)?
 The Supreme Court upheld the High Court’s ruling:
● No prejudice shown, so the decree remains valid.

Decision of ● The plaintiff’s deliberate undervaluation cannot now be used to

challenge jurisdiction.
the Court ● Parties cannot create jurisdiction through undervaluation and
later claim harm from their own strategic choice.
 Type of Suit Applicable Section(s) Where to File
Immovable property Court where the
16
dispute property is located
Any court covering any
Property spanning
Territorial multiple areas
17 & 18 part, or with permission
if uncertain

Jurisdiction Wrongful
act/injury/movable 19
Place of wrong or
defendant’s residence
property loss
Defendant’s residence or
All other civil suits 20 jurisdiction of cause of
action
 All suits related to immovable property (like land, houses,
buildings) shall be instituted in the court within whose local limits
the property is situated, if it relates to:
1. Recovery of immovable property
2. Partition of immovable property
Section 16 – 3. Foreclosure, sale or redemption in mortgage of immovable
Suits relating property

to immovable 4. Determining any right or interest in immovable property

5. Compensation for wrong to immovable property
property
6. Recovery of movable property actually under attachment of an
immovable property
● Proviso: If the relief can be obtained through personal obedience
of the defendant, the suit may be filed where the defendant
resides or carries on business, even if the property is elsewhere.
 ● When immovable property is located in more than one local area
(under different courts), the suit can be filed in any one of the
Section 17 – courts within whose jurisdiction any portion of the property is
Suits Where located.
● Proviso to Section 17:Even if the property lies in multiple
Immovable jurisdictions, the suit can be filed in the court only if that court has
Property Is pecuniary jurisdiction to hear the entire value of the suit

Situated in Example:

More Than ● Suppose a piece of agricultural land is spread across District A and
District B.
One ● The plaintiff can file the suit in either District A or District B court.
Jurisdiction ● The court must be competent in pecuniary and subject-matter
jurisdiction.
 ● If the local limits of jurisdiction of two or more courts are
uncertain, and it's not clear where the property lies, the plaintiff
can file the suit in any one of those courts
● But only if the courts agree that such uncertainty exists.
Section 18 – ● The court must formally record the uncertainty. Only after
Place of recording, the court can try the suit.
Institution Sec 18(2)
Where Local ● A court did NOT record a statement of jurisdictional uncertainty
under Section 18(1), and later, someone challenges the trial court’s
Jurisdiction Is jurisdiction in an appeal or revision,

Uncertain ● Then the appellate or revisional court will NOT accept this
objection unless two conditions are both met:
1. No real uncertainty at the time of filing
2. Failure of justice occurred
Section 19 – Where a suit is for compensation for:
Suits for ● Wrong done to a person (e.g., personal injury), or
Compensation ● Wrong done to movable property (e.g., damage or
loss),
for Wrongs to Section 19 gives the plaintiff two options for filing a suit
Person or 1. In the court where the wrong was committed, or
Movable 2. In the court where the defendant resides, carries on
Property business, or personally works for gain.
 Every other suit not covered in Sec 16-19 shall be instituted in a
Section 20- court within whose jurisdiction:

Other suits to 1. The defendant resides, or

2. The defendant carries on business, or
be instituted
3. The defendant personally works for gain, or
where the 4. The cause of action, wholly or in part, arises.
defendant If there are multiple defendants residing in different places, the suit
resides or can be filed with the court’s permission, or if the others acquiesce.

cause of action
Section 20 is a residuary provision. It applies only when Sections
arises 16–19 (property, injury, etc.) don't.
 Section 21(1): Objection to
place of suing (territorial
jurisdiction) Section 21(3):Objection
● You cannot raise a jurisdiction to local limits of the
Section 21 – objection for the first time on
appeal, unless:
executing court
● You can’t challenge the
Objections to 1. You raised it early in the trial territorial (local) jurisdiction of
court, and the executing court in appeal or
Jurisdiction- 2. You prove that the wrong
revision unless:

when and how jurisdiction caused injustice. 1. You raised the objection
early during the execution
Section 21(2): Objection to
to object to pecuniary jurisdiction 2.
proceedings, and
The wrong jurisdiction
jurisdiction ● Same as sub-section (1), but actually caused
injustice to you.
some
applies to pecuniary jurisdiction
(value of the claim vs. court's
financial limits).
 No suit shall lie:
Section 21A – 1. To challenge a decree or order of a court,
Bar on suit to 2. On the ground that it was passed by a court without proper
territorial jurisdiction,
set aside 3. Once the decree has been passed.
decree on
objection as to ● You cannot file a fresh suit just to set aside a previous decree by
saying, “The case was filed in the wrong court (territorially).”
place of suing
 Aspect Section 21 Section 21A

Procedural (within same Substantive (bars

Type
case) separate suit)

Section Applies To Appeals/revisions

New suits to set aside
decrees

21 vs 21A Covers
Territorial & pecuniary
jurisdiction
Only territorial
jurisdiction

When objection If raised early and failure Never – bars fresh suits
allowed of justice shown based on place of suing
 Kiran Singh v. Chaman Paswan (1954)
● Objection to subject-matter jurisdiction goes to the root and can
be raised at any time. But territorial or pecuniary must show
prejudice.

● Legal Principles:
Case Laws ● Waiver of jurisdictional objection:
If a party participates in the trial without objecting to jurisdiction,
it is presumed to have waived the objection.
● No prejudice = No remedy:
Even if a court lacks territorial jurisdiction, the decree is not
invalid, unless the party shows that it suffered injustice due to
that error.
 Facts of the Case:
● The plaintiff, Hira Lal, filed a suit in a court that lacked territorial
Hira Lal v. jurisdiction.
● The defendant, Kali Nath, did not object to the jurisdiction in the
Kali Nath trial court.
● The court passed a decree in favour of Hira Lal.
(AIR 1962 ● Later, in appeal, the defendant raised the objection that the court
which passed the decree had no territorial jurisdiction.
SC 199) Issue: Can a party challenge the territorial jurisdiction of the trial
court for the first time on appeal, even though the issue was not
raised earlier?
 ● The Supreme Court dismissed the appeal and held that: An
objection as to the place of suing (territorial jurisdiction) must be
raised in the trial court and at the earliest stage. It cannot be raised
for the first time in appeal unless failure of justice is clearly shown.
Decision and ● The defendant had waived his right to object to territorial
jurisdiction by not raising it early.
Legal 1. Waiver of jurisdictional objection: If a party participates in the
Principles trial without objecting to jurisdiction, it is presumed to have
waived the objection.
2. No prejudice = No remedy: Even if a court lacks territorial
jurisdiction, the decree is not invalid, unless the party shows
that it suffered injustice due to that error.
 Facts:
• Patel Roadways Ltd., a transport company with its head office in
Patel Bombay and branch offices across India, was hired by Prasad
Trading Co. to transport cardamom from Tamil Nadu to Delhi.
Roadways • After transportation, the goods were stored in a Delhi warehouse,
where they were destroyed by fire.
Bombay v. • Prasad Trading filed a suit for damages in the Subordinate Court at
Periakulam, Tamil Nadu, where the consignment was handed over.
Prasad • Patel Roadways argued that the suit should be filed only in Bombay,
Trading Co. citing an exclusive jurisdiction clause in the contract.

AIR 1992 SC Issue:

1. Can a suit be filed in a court where the subordinate office of a
1514 company is located?
2. Is an exclusive jurisdiction clause valid if it restricts jurisdiction to a
court that otherwise lacks it under CPC?
 • A suit against a corporation can be filed where its subordinate
office is located, if part of the cause of action arises there.
• The exclusive jurisdiction clause is invalid if it attempts to
confer jurisdiction on a court that does not have it under CPC.
• The convenience of the plaintiff and the location of the cause of
Supreme action are important considerations.
Court’s • A corporation can be sued where it carries on
business and where the cause of action arises, even if the
Examination registered office is elsewhere.
• Contractual clauses cannot override statutory jurisdiction rules.

• Appeal Dismissed.
 ● Essentials Ingredients of a Suit
● Parties to Suit- Order 1
Institution of ● Frame of Suit (Cause of Action and Relief)- Order 2
Suits ● Institution of Suits- Order 4
 I. Parties to the Suit
There must be at least two parties:
1. Plaintiff – person filing the suit.
2. Defendant – person against whom relief is sought.
II. Existence of a Legal Dispute
The plaintiff must have a legal right that has been infringed.
Essential This forms the foundation of the suit.
III. Cause of Action
Ingredients for A clear set of facts that gives the plaintiff the right to sue.
filing a suit Must be specific, existing, and justiciable.
IV. Relief Claimed
The plaintiff must specifically state the relief sought, e.g.:
• Damages
• Injunction
• Possession
 Order 1 Rule 1 – Who may be joined as Plaintiffs
● All persons may be joined as plaintiffs in one suit if:
1. The right to relief arises out of the same act or transaction, or a
series of acts or transactions.
2. There is a common question of law or fact involved.
Parties to a Order 1 Rule 3 – Who may be joined as Defendants
Suit (Order 1) ● Multiple persons may be joined as defendants in one suit if:
1. The right to relief arises against them from the same act or
transaction, or series of transactions.
2. There is a common question of law or fact.
 Example on Rule 1:
● Suppose A and B are two tenants in a building, and the landlord L
unlawfully cuts off their water supply.
• Since both A and B are affected by the same transaction (cutting
off water supply),

Examples • And there's a common legal question (violation of tenants’ rights),

• They can join together as plaintiffs in a single suit against the
landlord.
● Example on Rule 3:
● If A, B, and C trespass together on X's land, X can sue all three in
one suit instead of filing separate cases against each.
 ● When the plaintiff is uncertain as to which of several persons is
Order 1 Rule 7 liable for a claim, they may join all such persons as defendants in
one suit, to determine who is actually liable.
– When Example:
Plaintiff in Suppose A sends goods to B through a courier. The goods are lost. A
doesn't know whether the loss was due to:
Doubt From • The courier company's negligence, or
Whom Relief • The transporter's fault.
is to be A can sue both parties as defendants under Rule 7. The court will
Sought then determine who is actually liable.
 Order 1 Rule 9 –
No suit shall be dismissed only because of:
• Misjoinder (wrong parties included), or
• Non-joinder (necessary/proper parties left out),
Misjoinder except when the non-joinder is of a necessary party.
and Order 1 Rule 13 – Objection as to Non-joinder or Misjoinder

Non-joinder of Any objection about non-joinder or misjoinder of parties must be

raised:
Parties • At the earliest possible opportunity, and
• Before settlement of issues.
● Otherwise, the objection will not be entertained later.
 This rule gives the court discretion to:
1. Add,
2. Remove, or
3. Substitute parties to a suit at any stage of the proceedings, in the
interest of complete and effective justice.
Order 1 Rule Rule 10(1) – Suing in Wrong Name
10 – Parties ● If a suit is filed in the name of the wrong plaintiff, the court may
substitute or add the correct person.
May Be Added To satisfy this sub-rule, three conditions must be met:
or Removed ● 1. The suit must have been initiated in the name of the wrong
person as the plaintiff.
● 2. The mistake must be made in good faith.
● 3. The substitution or addition of the plaintiff must be necessary
for determining the true substance of the dispute.
● Rule 10(2) – Addition or Removal of Parties
● This is the most frequently used part.
The court may, at any stage of the proceedings, add any person as a plaintiff or defendant, who
ought to have been joined (necessary party) or whose presence is necessary to effectively
adjudicate the matter (proper party).
1. Add necessary or proper parties.
2. Remove improperly joined parties.
3. Strike out irrelevant parties.
4. All at any stage, with or without application.
5. No restriction applies — can be done even during appeal.
 ● General Rule of CPC- all persons whose interest is dealt with in the
suit must be added as parties to the suit

Order 1 Rule 8 – ● Exception- Representative Suit O1R8

Representative • A representative suit is a legal provision that enables one or more

individuals to sue on behalf of a larger group of people who share
Suits common interests or grievances.
• This mechanism is particularly useful in cases where the number of
plaintiffs is large, making individual lawsuits impractical.
 1. A representative suit can be filed when there are numerous
people having the same interest in a suit.

Conditions for 2. Permission or direction to file the representative suit must be

given by the court
filing a 3. Notice must be issued to the parties who are proposed to be
representative represented by the suit
4. The representative must act bona fide (in good faith).
suit
 Sub-rule Provision Purpose
Court must give public
So they can join,
Rule 8(2) notice to all persons
oppose, or opt out
interested
Any person on whose
behalf the suit is To ensure fairness and
Important Rule 8(3)
brought can apply to participation
join
Safeguards Decree passed binds all
Ensures collective
Rule 8(6) interested persons, not
enforcement of rights
just those in court
Court may substitute
Maintains proper
Rule 8(5) another person if the
representation
original rep is unfit
 ● Fact
● A group of 100 farmers from a village faces severe damage to their
crops because a nearby factory is releasing untreated wastewater
into the river used for irrigation.
Dhulabhai v. • 5 farmers file a civil suit on behalf of all 100 farmers against the
factory owner under Order 1 Rule 8 CPC, alleging pollution and
State of crop damage.

Madhya • The court grants permission for the suit to be filed as a

representative suit.
Pradesh, AIR • However, the court only orders notice to be sent to the 5 plaintiffs
and does not direct notice to the other 95 farmers.
1969 SC 78 • The factory owner argues that since the other 95 farmers were not
notified, they cannot be bound by the suit’s outcome, and hence
the suit is not maintainable as a representative suit.
 ● Legal Issues:
1. Whether the suit could be maintained as a representative suit under
Order 1 Rule 8 CPC.
2. Whether the court’s direction to give notice to all persons interested
in the suit was mandatory.
3. The nature and effect of representative suits and the binding nature
of decrees passed in such suits.
Issues and ● Judgment:

Decision The Supreme Court held that:

● The court must ensure notice is given to all interested persons so that
they may choose to participate or be bound by the decree.
● Failure to give proper notice may render the suit not maintainable
against those who were not properly informed.
● Since the court failed to direct notice to all 100 farmers, the decree in
favor or against the factory owner will not be binding on those who
were not notified.
Frame of Suit ● Order 2 of the Code of Civil Procedure, 1908 deals with the
(Cause of "Frame of Suit", which outlines the rules for properly structuring
a civil suit, especially regarding cause of action and relief.
Action and ● The objective is to prevent multiplicity of proceedings and ensure
Relief)- Order that all related claims are brought before the court in a single suit
wherever possible.
2
 ● Rule: Every suit shall be framed so as to afford ground for final
decision upon the subjects in dispute and to prevent further
litigation concerning them.
Rule 1 – Frame ● Explanation:
of Suit ● The suit must address all issues clearly so that the court can decide
conclusively.
● The objective is to avoid piecemeal litigation over the same cause.
 ● (1) Every suit must include the whole of the claim which the
plaintiff is entitled to make in respect of the cause of action.
● (2) If the plaintiff omits or intentionally relinquishes any part of the
claim, he cannot later sue for the omitted portion.
● (3) A person entitled to multiple reliefs for the same cause of
action must claim all or relinquish the right to those not claimed.
Rule 2 – Suit
This is based on the principle of res judicata – to avoid multiple
to Include the suits for the same matter. The plaintiff must bring all claims arising
from the same cause of action in one suit.
Whole Claim Example:
If A is unlawfully dispossessed of property by B and also suffers
damages, A must claim both possession and damages in one suit.
If A claims only possession and omits damages, he cannot later file
a separate suit for damages.
 1. The second suit must be in respect of the same cause of
action as that on which the previous suit was based.
Three 2. In respect of that cause of action the plaintiff was entitled to
conditions for more than one relief.

applicability of 3. Being thus entitled plaintiff without the leave of the Court
omitted to sue for the relief for which a second suit has been
Rule 2 filed.
Difference
Between Res
Judicata and
Order II Rule 2
of CPC
 ● A plaintiff may unite several causes of action in the same suit
against the same defendant, subject to certain conditions (like
jurisdiction and convenience).
● Causes of action must be of such a nature that they can be
conveniently tried together.
Rule 3 –
● Example:
Joinder of If A has three contracts with B and B breaches all three, A can sue
for breach of all three contracts in one suit if it doesn’t cause
Causes of confusion.
Action ● Rule 6 – Power of Court to Order Separate Trials
● If joinder of causes of action may embarrass or delay trial, the
court may:
1. order separate trials, or
2. Any other order for speedy resolution
 ● Rule: Objections based on misjoinder of causes of action must be
raised at the earliest stage; otherwise, they are deemed waived.
● When a plaintiff includes multiple causes of action in a suit (like
multiple claims against the same defendant), the defendant might
Rule 7 – feel that those claims don’t belong together in one suit. That’s
called misjoinder of causes of action.
Objection as ● Example:
to Misjoinder ● A sues B in one suit for:
● Breach of a contract for supplying goods, and
● A completely unrelated loan that B took from A.
● This is likely a misjoinder of causes of action, because the two
claims are not related and cannot be conveniently tried together.
 ● This restricts the application of Rule 3.

Rule 4 – Only ● In suits for recovery of immovable property, causes of action for:
1. rents or profits from the property, and/or
Certain 2. damages for breach of contract relating to the,
3. Relief for the same cause of action
Causes of may be joined.

Action to Be ● Can join other claims with permission of the court

Joined for Proviso: In a suit for:

Recovery of 1. Foreclosure (by the mortgagee), or

2. Redemption (by the mortgagor),
Immovable ● the party filing the suit is allowed to also claim possession of the
Property mortgaged property in the same suit.
 ● Section 26 and Order IV of CPC provides for the Institution of suit.
• Section 26 of CPC states that -
• Every suit shall be instituted by the presentation of a plaint or in
such other manner as may be prescribed.
Institution of a • In every plaint, facts shall be proved by affidavit
● Provided that such an affidavit shall be in the form and manner as
Suit prescribed under Order VI of Rule 15A of CPC.
• This section must be read with Order IV, VI & VII of the first
schedule.
 Rule 1 of Order IV of CPC deals with the institution of a suit by the
commencement of a plaint. It states that -
● (1) Every suit shall be instituted by presenting plaint in duplicate to
the Court or such officer as it appoints in this behalf.
● (2) Every plaint shall comply with the rules contained in Orders VI
and VII, so far as they are applicable.
Order IV of ● (3) The plaint shall not be deemed to be duly instituted unless it
CPC complies with the requirements specified in sub-rules (1) and (2).

● Rule 2 of Order IV of CPC deals with the registration of suits. It

states that the Court shall cause the particulars of every suit to be
entered in a book to be kept for the purpose and called the register
of civil suits. Such entries shall be numbered every year according
to the order in which the plaints are admitted.
 ● CPC does not explicitly define the term 'summon’
● The Oxford Dictionary provides a broader legal context, defining a
‘summons’ as “a document issued from a court of justice, calling
upon the person to whom it is directed, to be present before a
Summons judge or court for a specific reason.”
● Where a suit has been duly instituted, a summons may be issued
under CPC to the defendant to appear and answer the claim.
● The purpose of issuing a summons is to inform him and give him a
fair opportunity to represent his side. This is based on the principle
of natural justice which provides maxim ‘audi altrem partem’
which means hear both the parties.
● Order 5 and Sec 27-29 deals with Summons to defendant
 ● “Where a suit has been duly instituted, a summons may be issued to
the defendant to appear and answer the claim on a day specified
therein.”
● Only after the plaint is admitted under Order IV Rule 1, and the
suit is registered, can the court issue a summons under Section
Sec 27 CPC 27.
● The word “may” is interpreted as mandatory in effect, due to the
principles of fair trial. Courts have held that it is the duty of the
court to issue summons — it cannot proceed to decide a matter
without giving notice to the other side.
 ● Section 28 – Service in another state
● If a defendant resides in another state, the court can send the
summons to a court in that state, which will serve it as if it were
issued by that court.
● Section 29 – Service of foreign summonses
Section 28,
● Summons issued by courts outside India (where CPC applies) can
29 CPC be served in India through Indian courts, treating them as valid
domestic summonses.
● Applies only if the Central Government has officially recognized
that country or court for reciprocal legal process.
 Essentials of a Summons
1. Every summon must be signed by the judge or any other officer
whom he appoints to do so on his behalf.
2. It must be sealed properly.
3. The court will not issue any summons to the defendant if he has
appeared before the court at the time of the institution of the
Order 5 Rule 1 plaint.
4. After summons are issued, the defendant is required to file
&2 written statements within 30 days. If he fails to do so, he has to
provide reasons, and if the court is satisfied, it can extend the
time period to file written statements to not more than 90 days.
5. Another essential element of summons is that every summon
must be accompanied by a copy of the plaint.
6. The format of a summons must be according to the prescribed
form given in Appendix B of the First Schedule under the code.
 1. Information, whether it is issued for settlement of issues or final
disposal of the suit. According to Rule 5, the court of small
causes can only issue a summons for the final disposal of a suit
and nothing else.
Rule 5 to Rule 2. It must contain the date and day fixed for the appearance of the
defendant, considering the factors like the residence of the
8 of Order 5- defendant, time, etc., so that he can get a reasonable time and
Contents of opportunity to appear before the court.

summons 3. It also contains the list of necessary documents that a

defendant is required to produce in court.
4. If the summons is issued for final disposal, it must direct the
defendant to produce witnesses on his behalf to support his
side.
 ● If summons has been issued to the defendant, he may appear
before the court in the following ways:
Appearance of 1. He may appear himself in person or,

defendant- 2. Through his pleader, who will answer all the questions on his
behalf or,
Rule 1(2), Rule 3. by a pleader along with another person to answer all the
questions.
3 ● The court, however, has the power to call defendants at any time
to appear personally before the court if there are reasons to do so.
 Section 132 provides that any woman who cannot be compelled to
appear in public due to the customs and other manners followed,
will not be asked to appear before the court. This does not mean
that she will not be arrested if required in civil proceedings. This will
only happen if the code provides for any such exemption provision.
Section 133 further gives the list of particular people who are
exempted from appearing before the court personally.
Exemption ● This includes:
from ● The President of India, Vice-President, Speaker of house, Union
Ministers, Supreme Court judges, etc
appearance
According to Rule 4 of Order 5, a person will be exempt from
appearing before the court if:
1. He does not reside within the local limits of the court’s
jurisdiction or
2. He lives in a place that is more than 50 miles or 200 miles away
from the court.
 1. By court (Rule 9): Through post, email, or court officer.
2. By plaintiff (Rule 9A): With court permission.
Mode of 3. Personal service (Rules 10–16, 18): Direct delivery to the
defendant, family member, or business agent.
service of 4. Substituted service (Rules 17, 19, 20): For evasive
summons defendants—via affixation or newspaper.
5. Special cases (Rules 21–30): Foreign residents, prisoners,
soldiers, companies, etc.
 1. If the defendant resides within the court’s jurisdiction, summons
are served by a court officer.
2. Summons can also be served via post, fax, message, email, or
approved courier.
3. If the defendant is outside the jurisdiction, summons are sent to
the court in the area where they reside.
By court (Rule
4. Registered Post Acknowledgement Due (RPAD) service is
9) presumed valid, even without an acknowledgment slip.
5. If the defendant refuses to accept, the court may treat it as valid
service.
6. In Salem Advocate Bar Association v. Union of India (2005), the
Supreme Court urged high courts to create rules to prevent
misuse in the service of summons.
 1. The plaintiff can serve the summons only with the permission of
the court.
2. The summons must be signed and sealed by the judge or an
By plaintiff authorized officer.

(Rule 9A) 3. The plaintiff must ensure that the defendant acknowledges
receipt of the summons.
4. If the defendant refuses to accept or cannot be found, the court
will take over and re-issue the summons for official service.
 1. Served directly to the defendant, their agent, or a responsible
adult family member at their residence.
2. Acknowledgment of receipt must be obtained.
3. The serving officer must endorse details: time, manner of
Personal service, recipient’s name/address, and witness names.
service (Rules 4. For business-related suits, service may go to the manager or
agent.
10–16, 18) 5. In property-related suits, it can be served to someone
managing the property.
6. If there are multiple defendants, each must be served
individually.
 ● Used when ordinary service fails—e.g., the defendant refuses to
accept or cannot be found.
● If the defendant is not present at the address and there's no agent
or family member to receive the summons, the serving officer may
affix a copy of the summons on a conspicuous part of the
residence or property.

Substituted ● The officer must report the circumstances, including names of

witnesses and reasons for affixing.
service (Rules ● The court must examine the process server's affidavit and report
17, 19) to determine whether service under Rule 17 was properly carried
out.
● The court can summon the process server for oral verification, if
necessary.
● Only if the court is satisfied that due diligence was exercised, it
will treat the summons as duly served.
 ● If the court believes the defendant is deliberately avoiding service,
or for any other reason summons cannot be served in the ordinary
way, it may order substituted service.
Rule 20 – ● Methods may include:
Substituted 1. Affixing the summons at a prominent place in the court and at the
defendant's last known residence or workplace
Service by 2. Publication in a local newspaper where the defendant last resided
Court Order or worked

● Substituted service is used only as a last resort, not a regular

alternative.
Special cases
(Rules 21–30):
Foreign
residents,
prisoners, Discussion in class
soldiers,
companies,
etc.