Enhanced Procedures for Issuance of Summons in Civil Cases
Section 27 of the Civil Procedure Code, 1908 outlines the process for issuing summons to defendants in a suit. A new section, 27-A, details the simultaneous sending of summons via registered post and courier service, with acknowledgements serving as proof of service. The court may also order alternative methods such as affixing summons, using electronic devices, or making announcements in public spaces to ensure service. Various modes can be employed collectively as deemed fit by the court.
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Presentation Transcript
Topic : Issuance of process
Section 27 of Civil Procedure Code,1908: Summons To Defendants Where a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed
Insertion of new section 27-A to the Act No.V of 1908. In the said Act, after section 27, as so amended the following new section shall be inserted namely. Sec 27-A: (1)Summons shall be sent simultaneously, unless otherwise ordered by the Court, to the defendant through its process serving agency and by registered post acknowledgement due, and if so desired by the Court another copy of the summons may be sent by courier service signed and sealed in the prescribed manner or as the Court may determine, by urgent mail service of Pakistan Post or any other courier service at thecost of plaintiff. Process of summons
(2) The acknowledgement purported to be signed by the defendant of the receipt of the registered communication or an endorsement by a courier messenger or postal employee that the defendant refused to take delivery of the summons shall be deemed by the Court issuing the summons to be prima facie proof of the service of summons .
(3) Alternativelythe Courtshall orderservice by- (a) Affixing a copy of conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business orpersonallyworked forgain. the summons at some (b) any modern device including electronic device of communication which telephone, telegram, phonogram, telex, fax, radio, televisionetc, in aprescribed manner. may include mobile, (c) Urgent mail serviceorpubliccourierservices.
(d) Beat of drum in the locality where the defendant resides. (e) Announcement through mosque, temple, community centeretc. (f) Publication in the press in the prescribed manneror (g) Anyother mannerormodeas it may thinks fit. Provided that the Court may order the use of all or any of the aforesaid manners and modes of service simultaneously.
(4)If the defendant fails to appear the Court may direct service again by any of the modes mentioned in sub- section (3) toappearon a date not later than seven days. (5)Location of bailiff or process server serving the summons shall be monitored by modern devices in a prescribed manner and a photograph shall be taken of the defendant or the premises or the person accepting summons on behalf of the defendant and be made part of the record as a proof of delivery.
