Rule 9 of CPC : Rule 9: Delivery of summons by Court.
CPC
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Explanation using Example
Example 1:
Rajesh files a civil suit against Suresh in the District Court of Mumbai. Suresh resides in Mumbai, within the jurisdiction of the court. The court decides to issue a summons to Suresh. According to Rule 9(1), the court can either send the summons to a proper officer of the court or use an approved courier service to deliver the summons to Suresh. The court opts to use an approved courier service. The courier service delivers the summons to Suresh's residence, and Suresh acknowledges receipt by signing the delivery receipt. The court receives the acknowledgment and records that the summons has been duly served.
Example 2:
Priya files a civil suit against Anil in the District Court of Delhi. Anil resides in Gurgaon, which is outside the jurisdiction of the Delhi court. The court decides to issue a summons to Anil using speed post, as per Rule 9(3). The speed post is sent to Anil's address in Gurgaon. However, Anil refuses to accept the delivery. The postal employee makes an endorsement on the postal article stating that Anil refused to take delivery. The postal article is returned to the court with this endorsement. According to Rule 9(5), the court declares that the summons has been duly served on Anil, despite his refusal to accept it.
Example 3:
Sunita files a civil suit against her former business partner, Ravi, in the High Court of Chennai. Ravi resides in Bangalore, outside the jurisdiction of the Chennai court. The court decides to issue a summons to Ravi via electronic mail, as per Rule 9(3). The summons is sent to Ravi's official email address. Ravi receives the email and sends an acknowledgment of receipt back to the court. The court records the acknowledgment and declares that the summons has been duly served on Ravi.
Example 4:
Manoj files a civil suit against his tenant, Arjun, in the District Court of Pune. Arjun resides in Pune, within the jurisdiction of the court. The court decides to issue a summons to Arjun using a courier service approved by the High Court. The courier service attempts to deliver the summons to Arjun, but Arjun is not at home. The courier service leaves a notice at Arjun's residence, asking him to collect the summons from their office. Arjun does not collect the summons within the specified time. The courier service returns the summons to the court with an endorsement stating that Arjun did not collect the summons. According to Rule 9(5), the court declares that the summons has been duly served on Arjun.
Example 5:
Kavita files a civil suit against her neighbor, Meera, in the District Court of Hyderabad. Meera resides in Hyderabad, within the jurisdiction of the court. The court decides to issue a summons to Meera using registered post acknowledgment due, as per Rule 9(3). The registered post is sent to Meera's address, but the acknowledgment receipt is lost in transit. The court does not receive the acknowledgment within thirty days. However, since the summons was properly addressed, pre-paid, and duly sent, the court declares that the summons has been duly served on Meera, as per the proviso to Rule 9(5).