(1) When a suit has been duly instituted a summons shall be issued by the officer of the Court appointed in this behalf to the defendant within five working days from the date of filing the suit to appear and answer the claim on a day to be therein specified:
Provided that if the officer of the Court fails to issue the summons within the said period of time, he shall be liable for misconduct:
Provided further that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim.
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-
(a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.
(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.
Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement.
(1) Where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.
(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.
No party shall be ordered to appear in person unless he resides-
(a) within the local limits of the Court's ordinary original jurisdiction, or
(b) without such limits but at a place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.
The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly:
Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.
The day for the appearance of the defendant shall be fixed with reference to the current business of the Court, the place of residence of the defendant and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day.
The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case.
Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case.
(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or through courier service enlisted by the District Judge under sub-rule (4).
(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and where he is such an officer, the summons may be sent to him by post or in such manner as the Court may direct.
(3) The Court may, in addition to the service of summons under sub-rule (1), on the application of the plaintiff for the issue of a summons for the appearance of the defendant, also direct the summons to be served by means of 2 [Short Message Service, Voice Calls, Instant Messaging Services,] fax massage or electronic mail service by the plaintiff at his own cost 3
[: Provided that the proof of such service shall be kept in record.]
(4) The District Judge shall prepare a list of courier services (to be updated from time to time) for the purposes of sub-rule (1), and shall inform all the Civil Courts under his administrative jurisdiction about the list.
(1) The Court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.
(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court-as he may appoint in this behalf and sealed with the seal of the Court.
(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting the service were a serving officer and the plaintiff shall submit a report to the Court accompanied by an affidavit.
(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the plaintiff, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.]
Service of the summons shall be made by delivering or tendering a copy thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.
(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, service on any manager or agent, who, at the time of service,personally carries on such business or work for such person within such limits, shall be deemed good service.
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or character.
Where in a suit to obtain relief respecting, or compensation for wrong to, immoveable property, service cannot be made on the defendant in person, and the defendanthas no agent empowered to accept the service, it may be made on any agent of the defendant in charge of the property.
Where in any suit the defendant cannot be found and has no agent empowered to accept service of the summons on his behalf, service may be made on any 2 [adult member] of the family of the defendant who is residing with him.
Explanation.- A servant is not a member of the family within the meaning of this rule.
Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.
Where the defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can be made, the serving officer shall affix a copy of the summons on theouter door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.
The serving officer shall, in all cases in which the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or to the original summons, a return stating the time when and the manner in which the summons were served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.
Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his proceedings, and may make such further inquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit.
A declaration made and subscribed by serving officer shall be received as evidence of the facts as to the service or attempted service of summons
(1) The Court shall, in addition to, and simultaneously with, the issue of summons for service in the manner provided in rules 9 to 19 (both inclusive), also direct the summons to be served by registered post with acknowledgment due addressed to the defendant or his agent empowered to accept the service at the place where the defendant or his agent actually and voluntarily resides or carries on business or personally works for gain:
Provided that nothing in this sub-rule shall require the Court to issue a summons for service by registered post where, in the circumstances of the case, the Court considers it unnecessary.
(2) When an acknowledgment is purporting to be signed by the defendant or his agent is received by the Court or the postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons when tendered to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant:
Provided that where the summons was properly addressed, prepaid and duly sent by registered post with acknowledgment due, the declaration referred to in this sub-rule may be made not-withstanding the fact that the acknowledgment having been lost or mislaid or for any other reason, has not been received by the court within thirty days from the date of issue of the summons.]
(1) Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit. 1
[(1A) Where the Court under sub-rule (1) pass an order to service the summons by an advertisement in a newspaper, the newspaper shall be a daily newspaper which has circulation in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.]
Effect of substituted service
(2) Service substituted by order of the Court shall be as effectual as if it had been made on the defendant personally.
Where service substituted, time for appearance to be fixed
A summons may be sent by the Court by which it is issued 2 [* * *] either by one of its officers or by post 3 [or through courier service as mentioned in sub-rule (4) of rule 9] to any Court (not being the High Court Division) having jurisdiction in the place where the defendant resides.
[Omitted by the Adaptation of Central Acts and Ordinances Order, 1949.]
The Court to which a summons is sent under rule 21 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then returns the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.
Where defendant is confined in a prison, the summons shall be delivered or sent by post 1 [or through courier service as mentioned in sub-rule (4) of rule 9] or otherwise to the officer in charge of the prison for service on the defendant.
(1) Where the defendant resides out of Bangladesh and has no agent in Bangladesh empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him by post or through courier service as mentioned in sub-rule (4) of rule 9, if there is postal communication between such place and the place where theCourt is situate.
(2) The Court may, in addition to the service of summons under sub-rule (1), on the application of the plaintiff for the issue of a summons for the appearance of the defendant, alsodirect the summons to be served by means of transmission of documents through fax massage or electronic mail service bythe plaintiff at his own cost.]
Where-
(a) in the exercise of any foreign or extra 3 [territorial] jurisdiction vested in the Government, 4 [* * *] a Court has been established or continued, with power to serve a summons issued by a Court under this Code in any foreign territory in which the defendant resides, or
(b) the Government has, by notification in the official Gazette, declared, in respect of any Court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such Court of any summons issued under this Code by a Court of 1 [Bangladesh] shall be deemed to be valid service, the summons may be sent to such 2 [* * *] Court, by post or otherwise, for the purpose of being served upon thedefendant; and, if the 3 [* * *] Court returns the summons with an endorsement signed by 4 [* * *] the Judge or other officer of the Court that the summons has been served on the defendant in manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.
[Omitted by the Code of Civil Procedure (Amendment) Act, 2012 (Act No. XXXVI of 2012), section 5(h).]
Where the defendant is a public officer (not belonging to the armed forces of Bangladesh, or is the servant of 5 [the railway] or local authority, the Court may, if it appears to it that the summons may be mostconveniently so served,send it for service on the defendant to the head of the office in which he is employed, together with a copy to be retained by the defendant.
Where the defendant is a soldier, sailor or airman, the Court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.
(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it, if possible, and to return it under his signature, with the written acknowledgment of the defendant, and such signature shall be deemed to be evidence of service.
(2) Where from any cause service is impossible, the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.
(1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of
(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.
(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agentempowered to accept service, the letter may be delivered or sent to such agent.
If the Court is satisfied that the summons has been served by any of the modes as is mentioned in this Order, it shall be deemed that the summons has been duly served.]