PROCEDURE TO PROCEED SUMMON TO DEFENDANTS

step-by-step guide you can use to procure and effect service of summons on a defendant in a civil suit in India. I’ve included the typical legal steps, what to prepare, what to do if personal service fails, timelines, and two short templates (a summons wording and an affidavit of service) you can copy and adapt.

Step-by-step procedure to proceed summons for defendant (civil suit)

Before court issues summons

1. Prepare and file the plaint along with required documents, vakalatnama and court fees.
2. When the plaint is admitted, the court will order issuance of summons to the defendant(s) (this is governed by the Code of Civil Procedure — Order V deals with service of summons).
3. Obtain the sealed/court-signed summon(s) from the court registry (the court may frame the exact wording and attach date of appearance).

Step A — Choose mode of service & prepare process papers

• Decide method(s) of service (see options below). Attach necessary items to be served:
  • A copy of plaint (and documents relied on).
  • The summon with date, court and cause title.
  • Notice of next date / direction to appear.

Common methods of service

• Personal service (process server/peon) — hand the summons to defendant in person. (Preferred / primary.)
• Service by registered post / courier with acknowledgement (A/D) — send to last known/residential address.
• Service on agent or authorized representative — if defendant has agent or power-of-attorney at place.
• Substituted service / service by publication — where defendant absconds or evades (court permission required).
• Service through local court / process through diplomatic channels — if defendant is outside India (special procedure).

Step B — Effect service

• Execute personal service: process-server attempts to hand the summons personally at the address. Note date/time, place and the person who received it. Ask for signature on acknowledgment if possible.
• If defendant refuses to accept, leave the copy at the house and record details — then file affidavit proof.
• If using registered post / courier, keep the postal receipt and returned acknowledgment (if any). These go on record as proof.
• If defendant is not found or intentionally avoiding, attempt service at workplace / alternate addresses, then file an application for substituted service before the court (showing due diligence efforts).

Step C — File proof (return) of service with court

• Prepare and file an Affidavit of Service / Process Server’s Report (signed by the process-server and verified). Attach:
  • The summon copy (if signed back by defendant),
  • Postal receipts / A/D cards / courier tracking details,
  • Witness statements or photographs if taken (where allowed),
  • Any admission by the defendant (if made).
• The court will record the return and proceed. If service is proved, the case proceeds to first hearing.

If service cannot be effected

1. Apply for substituted service / alternative modes: set out the attempts made and ask court for permission to serve by—for example—registered post, by affixing at the defendant’s last known place, publication in newspaper or via email (court will decide). Attach an affidavit of due diligence.
2. If the court permits substituted service, follow the exact method the court orders (e.g., notice in two newspapers + registered post + email).

After defendant is served

1. Appearance: On the day specified in the summons the defendant must appear before the court.
2. Written statement: Defendant normally files a written statement (defence) — usually within 30 days from service (subject to the court’s directions/extension). The court may extend time for sufficient cause.
3. Consequences of non-appearance:
4. If defendant is served and does not appear, the court may proceed ex-parte (i.e., pass ex-parte orders / decree).
5. Defendant may later apply to set aside ex-parte decree on acceptable grounds (sufficient cause for non-appearance, bona fide defence, etc.).

Special situations & practical tips

• If defendant intentionally evades — maintain detailed diary of attempts (dates, times, persons met) — this strengthens the substituted service application.
• Corporate/firm defendants — serve at registered office or to an authorized director/agent; also consider service under company law rules.
• If defendant is abroad — court may direct service under relevant provisions or through diplomatic channels; start early.
• Electronic service (email / WhatsApp) — increasingly used only if court permits or if parties have agreed; do not rely on it without court order.
• Preserve originals of postal receipts, courier receipts, A/D cards and witness statements — courts treat these as primary proof.

Checklist you should file with the court when proving service

• Sealed summons (court’s copy).
• Affidavit of Service / Process Server’s Report (with signatures).
• Postal receipts, A/D cards, courier waybill printouts.
• Statements of persons who received the summons (if any).
• Photographs / spot inspection report (if allowed).
• Application for substituted service (if needed) + affidavit of due diligence.

Short sample: SUMMONS (simple wording)

IN THE COURT OF [Judge’s designation] AT [Place]
Suit No. ____ of 20__
Plaintiff: [Name] Vs Defendant: [Name]
SUMMONS TO DEFENDANT
You are hereby summoned to appear in person or by pleader before this Court on [date] at [time] to answer the plaint filed by the plaintiff. A copy of the plaint is enclosed.
If you fail to appear, the Court may proceed to hear and decide the suit in your absence.
Dated: [ ]
By order of the Court — Signed/Seal

(Court registry will prepare official seal/format.)

Short sample: AFFIDAVIT OF SERVICE (process server)

I, [Name], son/daughter of ______, aged __, residing at _______, do hereby solemnly affirm and state on oath as follows:

1. That I was authorized by [Plaintiff/Plaintiff’s counsel] to serve the Summons dated [date] issued by this Hon’ble Court in Suit No. /20 on [Defendant name] at [address].
2. That on [date] at [time] I personally served the said summons on [defendant / name of person who received it] at [place] and obtained his/her signature as shown in the annexed acknowledgement.
3. That true copies of the postal receipt / A/D / courier slip are annexed as Annexure A.
4. That the facts deposed above are true to my knowledge and belief.

Date: ______
Place: ______
(Signature of process server)
(Verification and notary / oath as per court rules)

Practical timeline recap

• File plaint → court admits plaint → court issues summons → effect service (as soon as practicable) → file affidavit/return of service → defendant appears/file written statement (generally within 30 days) → if no appearance and service proved → court may proceed ex-parte.