Keywords – Supreme Court, Order V Rule 2, Code of Civil Procedure, service of summons, copy of plaint, legal formalities, legal ruling
New Delhi, 19th September, 2023: In a recent ruling, the Supreme Court of India clarified the requirements for service as specified under Order V Rule 2 of the Code of Civil Procedure, 1908 (CPC). The apex court emphasized that this rule mandates the service of summons along with a copy of the plaint.
The case in question, titled *National Insurance Company Ltd v. M/S National Building Construction India Ltd*, revolved around determining the starting day for the computation of the limitation period for filing a written statement in a suit. The summons in this case were served through two different methods: by a bailiff and through speed post. However, when the petitioner received the summons via the latter method, two pages of the paperbook were found to be missing.
The petitioner contended that Order V Rule 2 of the CPC explicitly requires the service of summons to be accompanied by a copy of the plaint, and the Supreme Court accepted this legal position. In its judgment, the Court declared, “We accept the petitioner’s argument on the legal proposition that service contemplated in terms of Order V Rule 2 of the Code would imply service of summons along with the copy of the plaint.”
While acknowledging this legal requirement, the Court refrained from delving into the specifics of the case, characterizing it as a question of fact. The Supreme Court thus declined to interfere with the High Court’s findings on the completeness of the service of the plaint, maintaining the status quo.
This ruling underlines the significance of adhering to procedural norms when serving summons and copies of plaints in accordance with the CPC, ultimately ensuring fairness and transparency in legal proceedings. It provides important guidance to legal practitioners and litigants on the proper interpretation of Order V Rule 2 of the CPC.
Furthermore, this case exemplifies the complex and meticulous nature of legal procedures in India, where even seemingly minor details such as the completeness of a summons can have significant implications for the outcome of a case.
The Supreme Court’s commitment to upholding the principles of justice, fairness, and adherence to established legal procedures is evident in this ruling. It serves as a reminder of the importance of due process and the meticulous execution of legal formalities in the Indian legal system.
This ruling is expected to have a lasting impact on future cases involving the service of summons and the interpretation of procedural rules under the CPC.
Written by- Shuniti Sinha, College name – Brainware University , Semester- 7th, an intern under Legal Vidhiya
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