CPC, 1908 · Part I · Summons & Discovery
Summons to defendants
Once a suit is filed, the court calls the defendant — to appear and answer.
The bare Act
Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed, on such day not beyond thirty days from date of the institution of the suit.
The words “on such day not beyond thirty days from date of the institution of the suit” were added by the CPC (Amendment) Act, 2002 (22 of 2002) to speed up service.
How to read Section 27
Once a suit is duly instituted (§26), the court issues a summons — a formal notice telling the defendant a suit has been filed and calling them to appear and answer.
It is the first link between the court and the defendant — the foundation of audi alteram partem: no one is condemned unheard.
Since 2002, the summons day must fall within 30 days of instituting the suit — to curb delay in service.
From plaint to answer
How the summons works
The 30-day timeline
When the summons day must fall
§27 (2002 amendment): the day fixed for the defendant to appear must fall not beyond thirty days from the date of institution — a curb on delayed service. (It is a directory guide to diligence, not a bar that defeats the suit if exceeded.)
Phrase by phrase
The maxim behind it
Audi alteram partem
“Hear the other side” — no one may be condemned unheard.
Why it fits §27: the summons is the law’s way of hearing the other side — the defendant must be called and given a chance to answer before any adverse order can follow.
Connected rules & sections
The precondition — a summons follows a duly instituted suit.
Order V sets out issue, contents and the modes of service of a summons.
How the defendant “answers” — the WS, within 30 / 90 days.
Where the defendant resides outside the court’s State.
What happens if the defendant, once summoned, fails to appear (ex-parte / dismissal).
§31 applies the summons machinery to witnesses; §32 sets the penalty for default.