In India, the service of summons in a civil case is governed by the Code of Civil Procedure (CPC). Here is a general outline of the process:
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Authorized person: The summons must be served by an authorized person, such as a court bailiff, process server, or any person appointed by the court for this purpose.
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Personal service: The preferred method is personal service, where the authorized person delivers the summons directly to the defendant. It involves physically handing over a copy of the summons to the defendant or their authorized representative.
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Substituted service: If personal service is not possible or the defendant is avoiding service, the court may allow substituted service. This involves delivering the summons to an adult family member or employee at the defendant’s residence or place of business. The court may also allow service through registered post or newspaper publication in certain cases.
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Affidavit of service: After the service of summons is completed, the authorized person must file an affidavit of service in court. This affidavit confirms that the summons has been duly served to the defendant as per the prescribed procedure.
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Acknowledgment of service: In some cases, the defendant may acknowledge the receipt of the summons voluntarily. In such instances, an acknowledgment of service is filed in court, which serves as evidence of the defendant’s awareness of the lawsuit.
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Time for appearance: The summons specifies the date and time when the defendant needs to appear in court. This could be for the first hearing or for the filing of a written statement or response to the lawsuit.
It’s important to note that the specific rules and procedures for the service of summons may vary depending on the nature of the case, the court where it is being heard, and any specific directions given by the court.
It is advisable to consult with a lawyer or legal professional to ensure compliance with the applicable rules and guidelines.