Summons

A summons is the formal document issued by a court to a defendant, commanding them to appear in court on a specified date to answer the plaintiff's plaint. It is the instrument by which the court acquires jurisdiction over the defendant — without proper service of summons, the court cannot proceed to adjudicate the dispute, and any ex parte decree passed without proper service is liable to be set aside. The summons is the formal notice that the defendant is now a party to litigation and must take steps to protect their interests.

In civil proceedings, the issuance and service of summons is governed by Order V CPC. Once a plaint is filed and the court is satisfied that it is in order, the court issues summons requiring the defendant to appear on the date fixed for first hearing. The defendant must be personally served — the summons must be tendered to the defendant personally or, if the defendant is not available, left with an adult male member of the defendant's family residing with them. If personal service is not possible, the court may permit substituted service — affixing a copy at the defendant's last known residence, or by newspaper publication — after which the defendant is deemed to have been duly served.

Criminal summons (issued by Magistrates to accused persons or witnesses) is separately governed by Sections 61-63 CrPC (Sections 64-66 BNSS). A criminal summons may be issued by a court of Magistrate or Sessions Court to compel appearance. A summons case under the CrPC is a case relating to an offence punishable with imprisonment for up to two years — such cases are tried in the summary/summons case procedure, which is less elaborate than the warrant case procedure applicable to more serious offences.

The service of summons through email, WhatsApp, and other electronic means has become increasingly prevalent and has been recognised by several High Courts as a valid mode of service in appropriate cases — particularly where the defendant is known to be actively using the communication channel. The Supreme Court and High Court rules have been amended in some jurisdictions to allow e-service, which significantly speeds up the initiation of litigation and reduces the scope for defendants to evade service.

For advocates, the monitoring of summons service is a critical case management task. Service must be confirmed with an endorsement on the original — the process server's return and the court's satisfaction that the service is proper determine whether the suit can proceed ex parte or whether adjournment is needed. For defendants, a summons received must be taken seriously immediately — the period between service and the first date is often very short, and an advocate must be engaged promptly to file a written statement within the time allowed.