C&CA | Chaudhry and Chaudhry Associates
How to fill Court Summons
First Initmation
Documents required for First Initmation
A summons is a formal process issued by a civil court requiring a defendant to appear before the Court and answer the claim brought against him.
It is not the same as a private legal notice. A legal notice is ordinarily issued by a party or his lawyer, whereas a summons is a judicial process issued under the authority of the Court after institution of a suit.
The principal statutory provision is section 27 of the Code of Civil Procedure, 1908 (CPC), which provides for issuance of summons to a defendant after a suit has been duly instituted. The detailed procedure regarding its contents, issuance and service is contained principally in Order V CPC.
The basic purpose of a summons is to ensure that the defendant:
- knows that a suit has been instituted against him;
- knows the claim being made against him;
- knows when and where he is required to appear;
- has an opportunity to answer and defend the claim; and
- is informed of the consequences of failing to appear.
Thus, proper service of summons is an important part of procedural fairness.
2. Statutory Basis of Summons:
The principal provisions are:
- Code of Civil Procedure, 1908
- Section 26 — Institution of suits (A civil suit is instituted by presentation of a plaint in the prescribed manner.)
- Section 27 — Summons to defendants (Once a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim.)
- Section 28 — Service where defendant resides in another Province (Provides for transmission of summons for service in another Province in accordance with the applicable rules.)
- Section 29 — Service of foreign summonses (Deals with summonses and other processes issued by courts outside Pakistan and their service in Pakistan, subject to the statutory requirements.)
- Section 30 — Discovery and production (Empowers the Court, among other things, to issue summonses requiring persons to attend and give evidence or produce documents or other material objects.)
- Section 31 — Summons to witnesses (Extends the relevant provisions concerning summons to witnesses.)
- Section 32 — Consequences of default in attendance (Provides coercive measures which may be employed to compel attendance of a person summoned under the relevant provisions, subject to the law.)
3. Order V CPC — The Main Law Governing Summons
Order V is divided broadly into two parts:
- Issue of summons, and
- Service of summons.
Order V Rule 1 — Issuance of Summons
After a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on the date specified in it.
The defendant may appear:
- personally;
- through a duly instructed pleader; or
- through a pleader accompanied by a person capable of answering material questions concerning the suit.
The summons must be signed by the Judge or authorized officer and sealed with the seal of the Court.
Order V Rule 2 — Copy of Plaint
Every summons must be accompanied by a copy of the plaint, unless the Court permits a concise statement instead. This is extremely important because the defendant must know the case that he is required to answer. In jurisdictions where amendments apply, additional documents or lists may also be required to accompany the summons. For example, certain Punjab amendments require copies of documents annexed with the plaint and the relevant list of documents to accompany the summons.
Order V Rule 3 — Personal appearance
Where the Court considers the personal appearance of the defendant necessary, the summons may specifically require him to appear personally.
Order V Rule 5 — Nature of hearing
The Court determines whether the summons is:
- for settlement of issues, or
- for final disposal of the suit.
The summons must contain the appropriate direction.
Order V Rule 6 — Date of Appearance
The date fixed for appearance must take into account:
- the Court’s business;
- the defendant’s place of residence; and
- the time required for service.
The defendant must be given sufficient time to appear and answer the claim.
Order V Rules 7–8 — Documents and Witnesses
Where applicable, the summons directs the defendant to produce the documents in his possession or power on which he intends to rely. Where the summons is for final disposal, it may also require the defendant to produce the witnesses on whose evidence he intends to rely.
4. What Must a Summons Contain?
The prescribed forms in Appendix B of the CPC, read with Order V, provide a useful practical model. Ordinarily, a civil summons should contain or identify the following:
A. Name of the Court
The summons should clearly identify the Court issuing it.
For example:
IN THE COURT OF THE CIVIL JUDGE, ISLAMABAD
B. Case/Suit Number
The relevant suit number and year should be stated.
Example:
Civil Suit No. 123 of 2026
C. Cause Title
The names of the parties should correspond with the plaint and the Court record.
Example:
ABC v. XYZ
Where there are several parties, their names should be correctly reproduced.
D. Name of Defendant
The summons should identify the defendant to whom it is directed.
E. Description of Defendant
The prescribed form refers to the defendant’s name, description and place of residence. The description should be sufficient to identify the person concerned. Where relevant, this may include:
- father’s/husband’s name;
- occupation or status;
- designation;
- business name;
- company or institutional capacity; and
- other identifying particulars.
F. Address for Service
The defendant’s address should be sufficiently complete to enable effective service. Where possible, the address should include:
- house/office number;
- street/road;
- locality;
- city;
- district;
- province; and
- any other useful identifying information.
An incorrect or incomplete address can cause unnecessary delay or failure of service.
G. Reference to the Suit/Claim
The summons should indicate that a suit has been instituted against the defendant and identify the nature of the claim sufficiently for the defendant to understand what proceedings he is required to answer. Ordinarily, this is accomplished by accompanying the summons with the plaint.
H. Date of Appearance
The summons must specify the date on which the defendant is required to appear. The date must allow sufficient time for proper service and preparation.
I. Time of Appearance
The relevant time of appearance should be stated.
J. Place of Appearance
The defendant must be able to identify the Court before which he is required to appear.
K. Manner of Appearance
The summons should indicate whether the defendant may appear:
- personally;
- through a duly instructed pleader; or
- in such other manner as permitted by the Court and law.
L. Documents to be Produced
Where applicable, the summons directs the defendant to produce the documents upon which he intends to rely.
M. Witnesses
If the summons is for final disposal, the defendant may be directed to produce the witnesses upon whose evidence he intends to rely.
N. Consequence of Non-Appearance
The summons ordinarily contains a warning that if the defendant fails to appear on the specified date, the suit may be heard and determined in his absence. This is particularly important because non-appearance may result in ex parte proceedings.
O. Signature and Seal
The summons must be:
signed by the Judge or authorized officer; and
sealed with the seal of the Court.
5. A Practical Checklist for Preparing/Checking a Summons
Before a summons is issued or served, a lawyer or litigant should check:
Particular What to Check
Court Correct Court and jurisdiction
Suit No. Correct number and year
Cause Title Names exactly correspond with record
Defendant Correct full name
Description Sufficient identifying particulars
Address Complete and serviceable address
Date Correct date of appearance
Time Correct time
Purpose Issues settlement or final disposal
Plaint Copy attached, unless otherwise permitted
Documents Required accompanying documents attached
Written Statement Direction included where applicable
Witnesses Direction included where final disposal requires it
Default Consequence of non-appearance stated
Signature Judge/authorized officer
Seal Court seal
Service Appropriate mode selected
Return Proof/report of service properly recorded
6. How is a Summons Served?
Issuance and service are two different stages.
Issuance means that the Court formally issues the summons.
Service means that the summons is delivered to the defendant in the manner prescribed by law.
Order V Rule 9
Where the defendant resides within the jurisdiction of the Court, the summons is ordinarily delivered or transmitted to the proper officer for service.
The rules also provide for transmission to another Court where appropriate.
The relevant rule further provides, unless the Court otherwise directs, for service and return of the summons within the prescribed period.
Order V Rule 10
Service is ordinarily made by delivering or tendering a copy of the summons which bears the required signature and seal.
Order V Rule 10-A — Service by post
The CPC also provides for service by registered post acknowledgment due.
The acknowledgment signed by the defendant, or an endorsement by the postal employee that the defendant refused delivery, may constitute prima facie proof of service in accordance with the rule.
Order V Rule 11
Where there are several defendants, each defendant must ordinarily be served separately.
Order V Rule 12
Where practicable, service is made upon the defendant personally.
Where the defendant has an agent empowered to accept service, service upon that agent may be sufficient.
Order V Rules 13–15
The CPC also provides specific methods of service in particular circumstances, including service upon:
an agent carrying on the defendant’s business;
an agent in charge of immovable property; and
in specified circumstances, an adult male member of the defendant’s family residing with him.
A servant is expressly not treated as a member of the family for the purpose of Rule 15.
7. What if the Defendant Refuses to Accept the Summons?
Refusal to accept service does not necessarily prevent the Court from proceeding with the case.
Under Order V Rule 17, where the defendant or relevant person refuses to sign the acknowledgment, or where the serving officer cannot find the defendant after due and reasonable diligence and there is no person upon whom service can properly be made, the serving officer may be required to affix a copy of the summons at the outer door or another conspicuous part of the defendant’s residence, business premises or place of work, and make the required report to the Court.
The serving officer’s report is then dealt with under the subsequent rules.
8. What is Substituted Service?
Where the Court is satisfied that the defendant is avoiding service or that ordinary service cannot be effected, Order V Rule 20 permits substituted service.
Depending upon the circumstances and the Court’s order, this may include:
affixing the summons at a conspicuous place;
electronic means of communication;
urgent mail or courier service;
publication in the press; or
another mode considered appropriate by the Court.
Substituted service ordered by the Court is treated as effective as personal service, subject to the requirements of the rule.
The important point is that a party should not simply publish a summons in a newspaper on its own initiative. Substituted service is a judicial process and ordinarily requires an order of the Court.
9. What Happens if the Defendant Does Not Appear?
The consequences of non-appearance are principally dealt with in Order IX CPC.
Where the defendant does not appear despite due service, the Court may proceed in accordance with the rules relating to non-appearance and, where the legal requirements are satisfied, hear the suit ex parte.
An ex parte proceeding does not mean that the plaintiff automatically wins. The plaintiff must still establish his case according to law and the evidence required by the Court.
10. Can an Ex Parte Decree be Challenged Because Summons Was Not Properly Served?
Yes.
Order IX Rule 13 CPC provides a specific remedy to a defendant against an ex parte decree.
A defendant may apply to the Court which passed the decree for setting it aside where, among other grounds, he satisfies the Court that:
the summons was not duly served, or
he was prevented by sufficient cause from appearing when the suit was called for hearing.
However, an ex parte decree is not necessarily set aside merely because there was an irregularity in service. The rule also recognizes the situation where the defendant actually had sufficient knowledge of the hearing date and sufficient opportunity to appear.
Accordingly, proper service is important, but the legal effect of a defect in service depends upon the circumstances and the applicable provisions of Order IX Rule 13.
11. Summons Is Not the Same as a Legal Notice
These two concepts should not be confused.
Legal Notice
A legal notice is generally a communication from one party, usually through counsel, to another person before or during contemplated legal proceedings.
Court Summons
A summons is a formal judicial process issued by the Court requiring the defendant to appear and answer the claim.
Therefore, a lawyer cannot ordinarily create a document and call it a “Court Summons” as a substitute for the summons issued by the Court.
The lawyer may prepare the necessary process, provide particulars and take procedural steps for issuance/service, but the summons derives its authority from the Court.
12. Other Important Provisions
Although sections 27–32 and Order V constitute the central framework, several other provisions may become relevant.
Order III CPC
Order III deals with recognized agents and pleaders.
In particular, service upon a recognized agent or, in appropriate circumstances, upon a pleader may have legal effect under the relevant rules.
Order IV CPC
Order IV concerns institution of suits and provides the starting point for understanding why summons follows the filing of a suit.
Order VII CPC
The plaint is fundamental because the summons ordinarily carries a copy of it.
Order VII also contains provisions relating to documents and copies of the plaint which may affect what is supplied to the defendant.
Order IX CPC
Order IX deals with appearance of parties and consequences of non-appearance, including ex parte proceedings and the remedy for setting aside an ex parte decree.
Order XXXVII CPC
Summary suits under Order XXXVII have a special procedure. The summons in such proceedings is not an ordinary summons and contains specific requirements concerning appearance and leave to defend.
Therefore, a lawyer must first determine whether the case is an ordinary civil suit or a suit governed by a special procedure.
13. Special Laws May Modify the Ordinary CPC Procedure
The CPC is the general procedural framework, but it is not the only source of procedural law.
Special statutes and special jurisdictions may prescribe their own procedure for summons or notices.
For example, Family Courts operate principally under the Family Courts Act, 1964, which contains specific provisions concerning issuance and service of summons/notice and accompanying documents.
Similarly, specialized proceedings such as banking, commercial or other statutory proceedings may contain special provisions.
Therefore, before preparing a summons, a lawyer should ask:
Is this an ordinary civil suit governed by the ordinary CPC procedure, or does a special statute/rule apply?
This is particularly important because special legislation may modify or exclude portions of the ordinary CPC procedure.
14. Practical Information a Lawyer Should Have Before Seeking Issuance of Summons
For each defendant, the lawyer should ideally have:
Full and correct name;
Father’s/husband’s name, where relevant;
Complete residential address;
Business/office address, where relevant;
CNIC or other identifying information where legally appropriate and useful;
Contact information, where available and permissible;
Correct description/status of the defendant;
Correct number of defendants;
Correct suit number and year;
Correct date fixed by the Court;
Copies of the plaint for service;
Copies of required accompanying documents;
List of documents where required;
Information regarding any authorized agent;
Information relevant to special modes of service, if ordinary service is likely to fail.
The address is particularly important. A summons cannot be effectively served if the defendant’s address is vague, incomplete or incorrect.
15. Common Mistakes in Summons
Some practical errors can cause delay or disputes regarding service:
wrong spelling of defendant’s name;
incorrect suit number;
incomplete address;
failure to distinguish between multiple defendants;
failure to provide the plaint with the summons;
omission of required documents;
incorrect date or time of appearance;
failure to obtain the required signature and seal;
treating a legal notice as a court summons;
attempting substituted service without obtaining the necessary Court order;
inadequate report of personal service;
failure to properly record refusal of service;
assuming that mere knowledge of the case always substitutes for legally proper service.
A lawyer should therefore check both the summons itself and the proof of service.
16. A Simple Model of the Structure of a Civil Summons
A conventional summons may broadly be structured as follows:
IN THE COURT OF __________
Civil Suit No. ____ of 20__
A.B.
Plaintiff
Versus
C.D.
Defendant
SUMMONS TO THE DEFENDANT
To:
C.D., son of ________, resident of ________.
Whereas the above-named plaintiff has instituted a suit against you for __________, you are hereby summoned to appear before this Court on [date] at [time] to answer the claim.
You may appear personally or through a duly instructed pleader in accordance with law.
You are directed to produce the documents upon which you intend to rely in support of your defence and, where applicable, the witnesses upon whose evidence you intend to rely.
A copy of the plaint and required accompanying documents are enclosed.
Take notice: In default of your appearance on the date specified, the suit may be heard and determined in your absence in accordance with law.
Given under the hand and seal of the Court.
Date: ________
Judge/Authorized Officer: ________
Seal of Court: ________
This is only a structural illustration. The actual summons should follow the prescribed form and the applicable rules of the relevant Court and jurisdiction.
17. Conclusion
A summons is the formal procedural bridge between the institution of a civil suit and the defendant’s opportunity to answer it. Its purpose is not merely to inform the defendant that a case exists; it must provide the defendant with sufficient procedural information and opportunity to participate in the proceedings.
Under Pakistani civil procedure, the principal legal framework is found in sections 26–32 CPC and Order V CPC, supplemented by Order III, Order VII and Order IX, and, where applicable, special statutes and High Court rules.
For a litigant, the most important practical points are simple:
Check the Court, case number, parties, address, date, time, accompanying plaint/documents, and the method and proof of service.
For a lawyer, the most important principle is equally straightforward:
A summons must not merely be issued; it must be properly prepared, properly served and properly proved to have been served.
A defect in any of these stages may affect the subsequent proceedings, particularly where an ex parte order or decree is sought.
Principal statutory references: Code of Civil Procedure, 1908 — ss. 26–32; Order III rr. 3–6; Order IV; Order V rr. 1–30; Order VII rr. 9 and 14; Order IX rr. 6–13; Order XXXVII where applicable; Appendix B (Forms of Process).
A summons is a formal process issued by a civil court requiring a defendant to appear before the Court and answer the claim brought against him.
It is not the same as a private legal notice. A legal notice is ordinarily issued by a party or his lawyer, whereas a summons is a judicial process issued under the authority of the Court after institution of a suit.
The principal statutory provision is section 27 of the Code of Civil Procedure, 1908 (CPC), which provides for issuance of summons to a defendant after a suit has been duly instituted. The detailed procedure regarding its contents, issuance and service is contained principally in Order V CPC.
The basic purpose of a summons is to ensure that the defendant:
- knows that a suit has been instituted against him;
- knows the claim being made against him;
- knows when and where he is required to appear;
- has an opportunity to answer and defend the claim; and
- is informed of the consequences of failing to appear.
Thus, proper service of summons is an important part of procedural fairness.
2. Statutory Basis of Summons:
The principal provisions are:
- Code of Civil Procedure, 1908
- Section 26 — Institution of suits (A civil suit is instituted by presentation of a plaint in the prescribed manner.)
- Section 27 — Summons to defendants (Once a suit has been duly instituted, summons may be issued to the defendant to appear and answer the claim.)
- Section 28 — Service where defendant resides in another Province (Provides for transmission of summons for service in another Province in accordance with the applicable rules.)
- Section 29 — Service of foreign summonses (Deals with summonses and other processes issued by courts outside Pakistan and their service in Pakistan, subject to the statutory requirements.)
- Section 30 — Discovery and production (Empowers the Court, among other things, to issue summonses requiring persons to attend and give evidence or produce documents or other material objects.)
- Section 31 — Summons to witnesses (Extends the relevant provisions concerning summons to witnesses.)
- Section 32 — Consequences of default in attendance (Provides coercive measures which may be employed to compel attendance of a person summoned under the relevant provisions, subject to the law.)
3. Order V CPC — The Main Law Governing Summons
Order V is divided broadly into two parts:
- Issue of summons, and
- Service of summons.
Order V Rule 1 — Issuance of Summons
After a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim on the date specified in it.
The defendant may appear:
- personally;
- through a duly instructed pleader; or
- through a pleader accompanied by a person capable of answering material questions concerning the suit.
The summons must be signed by the Judge or authorized officer and sealed with the seal of the Court.
Order V Rule 2 — Copy of Plaint
Every summons must be accompanied by a copy of the plaint, unless the Court permits a concise statement instead. This is extremely important because the defendant must know the case that he is required to answer. In jurisdictions where amendments apply, additional documents or lists may also be required to accompany the summons. For example, certain Punjab amendments require copies of documents annexed with the plaint and the relevant list of documents to accompany the summons.
Order V Rule 3 — Personal appearance
Where the Court considers the personal appearance of the defendant necessary, the summons may specifically require him to appear personally.
Order V Rule 5 — Nature of hearing
The Court determines whether the summons is:
- for settlement of issues, or
- for final disposal of the suit.
The summons must contain the appropriate direction.
Order V Rule 6 — Date of Appearance
The date fixed for appearance must take into account:
- the Court’s business;
- the defendant’s place of residence; and
- the time required for service.
The defendant must be given sufficient time to appear and answer the claim.
Order V Rules 7–8 — Documents and Witnesses
Where applicable, the summons directs the defendant to produce the documents in his possession or power on which he intends to rely. Where the summons is for final disposal, it may also require the defendant to produce the witnesses on whose evidence he intends to rely.
4. What Must a Summons Contain?
The prescribed forms in Appendix B of the CPC, read with Order V, provide a useful practical model. Ordinarily, a civil summons should contain or identify the following:
A. Name of the Court
The summons should clearly identify the Court issuing it.
For example:
IN THE COURT OF THE CIVIL JUDGE, ISLAMABAD
B. Case/Suit Number
The relevant suit number and year should be stated.
Example:
Civil Suit No. 123 of 2026
C. Cause Title
The names of the parties should correspond with the plaint and the Court record.
Example:
ABC v. XYZ
Where there are several parties, their names should be correctly reproduced.
D. Name of Defendant
The summons should identify the defendant to whom it is directed.
E. Description of Defendant
The prescribed form refers to the defendant’s name, description and place of residence. The description should be sufficient to identify the person concerned. Where relevant, this may include:
- father’s/husband’s name;
- occupation or status;
- designation;
- business name;
- company or institutional capacity; and
- other identifying particulars.
F. Address for Service
The defendant’s address should be sufficiently complete to enable effective service. Where possible, the address should include:
- house/office number;
- street/road;
- locality;
- city;
- district;
- province; and
- any other useful identifying information.
An incorrect or incomplete address can cause unnecessary delay or failure of service.
G. Reference to the Suit/Claim
The summons should indicate that a suit has been instituted against the defendant and identify the nature of the claim sufficiently for the defendant to understand what proceedings he is required to answer. Ordinarily, this is accomplished by accompanying the summons with the plaint.
H. Date of Appearance
The summons must specify the date on which the defendant is required to appear. The date must allow sufficient time for proper service and preparation.
I. Time of Appearance
The relevant time of appearance should be stated.
J. Place of Appearance
The defendant must be able to identify the Court before which he is required to appear.
K. Manner of Appearance
The summons should indicate whether the defendant may appear:
- personally;
- through a duly instructed pleader; or
- in such other manner as permitted by the Court and law.
L. Documents to be Produced
Where applicable, the summons directs the defendant to produce the documents upon which he intends to rely.
M. Witnesses
If the summons is for final disposal, the defendant may be directed to produce the witnesses upon whose evidence he intends to rely.
N. Consequence of Non-Appearance
The summons ordinarily contains a warning that if the defendant fails to appear on the specified date, the suit may be heard and determined in his absence. This is particularly important because non-appearance may result in ex parte proceedings.
O. Signature and Seal
The summons must be:
signed by the Judge or authorized officer; and
sealed with the seal of the Court.
5. A Practical Checklist for Preparing/Checking a Summons
Before a summons is issued or served, a lawyer or litigant should check:
Particular What to Check
Court Correct Court and jurisdiction
Suit No. Correct number and year
Cause Title Names exactly correspond with record
Defendant Correct full name
Description Sufficient identifying particulars
Address Complete and serviceable address
Date Correct date of appearance
Time Correct time
Purpose Issues settlement or final disposal
Plaint Copy attached, unless otherwise permitted
Documents Required accompanying documents attached
Written Statement Direction included where applicable
Witnesses Direction included where final disposal requires it
Default Consequence of non-appearance stated
Signature Judge/authorized officer
Seal Court seal
Service Appropriate mode selected
Return Proof/report of service properly recorded
6. How is a Summons Served?
Issuance and service are two different stages.
Issuance means that the Court formally issues the summons.
Service means that the summons is delivered to the defendant in the manner prescribed by law.
Order V Rule 9
Where the defendant resides within the jurisdiction of the Court, the summons is ordinarily delivered or transmitted to the proper officer for service.
The rules also provide for transmission to another Court where appropriate.
The relevant rule further provides, unless the Court otherwise directs, for service and return of the summons within the prescribed period.
Order V Rule 10
Service is ordinarily made by delivering or tendering a copy of the summons which bears the required signature and seal.
Order V Rule 10-A — Service by post
The CPC also provides for service by registered post acknowledgment due.
The acknowledgment signed by the defendant, or an endorsement by the postal employee that the defendant refused delivery, may constitute prima facie proof of service in accordance with the rule.
Order V Rule 11
Where there are several defendants, each defendant must ordinarily be served separately.
Order V Rule 12
Where practicable, service is made upon the defendant personally.
Where the defendant has an agent empowered to accept service, service upon that agent may be sufficient.
Order V Rules 13–15
The CPC also provides specific methods of service in particular circumstances, including service upon:
an agent carrying on the defendant’s business;
an agent in charge of immovable property; and
in specified circumstances, an adult male member of the defendant’s family residing with him.
A servant is expressly not treated as a member of the family for the purpose of Rule 15.
7. What if the Defendant Refuses to Accept the Summons?
Refusal to accept service does not necessarily prevent the Court from proceeding with the case.
Under Order V Rule 17, where the defendant or relevant person refuses to sign the acknowledgment, or where the serving officer cannot find the defendant after due and reasonable diligence and there is no person upon whom service can properly be made, the serving officer may be required to affix a copy of the summons at the outer door or another conspicuous part of the defendant’s residence, business premises or place of work, and make the required report to the Court.
The serving officer’s report is then dealt with under the subsequent rules.
8. What is Substituted Service?
Where the Court is satisfied that the defendant is avoiding service or that ordinary service cannot be effected, Order V Rule 20 permits substituted service.
Depending upon the circumstances and the Court’s order, this may include:
affixing the summons at a conspicuous place;
electronic means of communication;
urgent mail or courier service;
publication in the press; or
another mode considered appropriate by the Court.
Substituted service ordered by the Court is treated as effective as personal service, subject to the requirements of the rule.
The important point is that a party should not simply publish a summons in a newspaper on its own initiative. Substituted service is a judicial process and ordinarily requires an order of the Court.
9. What Happens if the Defendant Does Not Appear?
The consequences of non-appearance are principally dealt with in Order IX CPC.
Where the defendant does not appear despite due service, the Court may proceed in accordance with the rules relating to non-appearance and, where the legal requirements are satisfied, hear the suit ex parte.
An ex parte proceeding does not mean that the plaintiff automatically wins. The plaintiff must still establish his case according to law and the evidence required by the Court.
10. Can an Ex Parte Decree be Challenged Because Summons Was Not Properly Served?
Yes.
Order IX Rule 13 CPC provides a specific remedy to a defendant against an ex parte decree.
A defendant may apply to the Court which passed the decree for setting it aside where, among other grounds, he satisfies the Court that:
the summons was not duly served, or
he was prevented by sufficient cause from appearing when the suit was called for hearing.
However, an ex parte decree is not necessarily set aside merely because there was an irregularity in service. The rule also recognizes the situation where the defendant actually had sufficient knowledge of the hearing date and sufficient opportunity to appear.
Accordingly, proper service is important, but the legal effect of a defect in service depends upon the circumstances and the applicable provisions of Order IX Rule 13.
11. Summons Is Not the Same as a Legal Notice
These two concepts should not be confused.
Legal Notice
A legal notice is generally a communication from one party, usually through counsel, to another person before or during contemplated legal proceedings.
Court Summons
A summons is a formal judicial process issued by the Court requiring the defendant to appear and answer the claim.
Therefore, a lawyer cannot ordinarily create a document and call it a “Court Summons” as a substitute for the summons issued by the Court.
The lawyer may prepare the necessary process, provide particulars and take procedural steps for issuance/service, but the summons derives its authority from the Court.
12. Other Important Provisions
Although sections 27–32 and Order V constitute the central framework, several other provisions may become relevant.
Order III CPC
Order III deals with recognized agents and pleaders.
In particular, service upon a recognized agent or, in appropriate circumstances, upon a pleader may have legal effect under the relevant rules.
Order IV CPC
Order IV concerns institution of suits and provides the starting point for understanding why summons follows the filing of a suit.
Order VII CPC
The plaint is fundamental because the summons ordinarily carries a copy of it.
Order VII also contains provisions relating to documents and copies of the plaint which may affect what is supplied to the defendant.
Order IX CPC
Order IX deals with appearance of parties and consequences of non-appearance, including ex parte proceedings and the remedy for setting aside an ex parte decree.
Order XXXVII CPC
Summary suits under Order XXXVII have a special procedure. The summons in such proceedings is not an ordinary summons and contains specific requirements concerning appearance and leave to defend.
Therefore, a lawyer must first determine whether the case is an ordinary civil suit or a suit governed by a special procedure.
13. Special Laws May Modify the Ordinary CPC Procedure
The CPC is the general procedural framework, but it is not the only source of procedural law.
Special statutes and special jurisdictions may prescribe their own procedure for summons or notices.
For example, Family Courts operate principally under the Family Courts Act, 1964, which contains specific provisions concerning issuance and service of summons/notice and accompanying documents.
Similarly, specialized proceedings such as banking, commercial or other statutory proceedings may contain special provisions.
Therefore, before preparing a summons, a lawyer should ask:
Is this an ordinary civil suit governed by the ordinary CPC procedure, or does a special statute/rule apply?
This is particularly important because special legislation may modify or exclude portions of the ordinary CPC procedure.
14. Practical Information a Lawyer Should Have Before Seeking Issuance of Summons
For each defendant, the lawyer should ideally have:
Full and correct name;
Father’s/husband’s name, where relevant;
Complete residential address;
Business/office address, where relevant;
CNIC or other identifying information where legally appropriate and useful;
Contact information, where available and permissible;
Correct description/status of the defendant;
Correct number of defendants;
Correct suit number and year;
Correct date fixed by the Court;
Copies of the plaint for service;
Copies of required accompanying documents;
List of documents where required;
Information regarding any authorized agent;
Information relevant to special modes of service, if ordinary service is likely to fail.
The address is particularly important. A summons cannot be effectively served if the defendant’s address is vague, incomplete or incorrect.
15. Common Mistakes in Summons
Some practical errors can cause delay or disputes regarding service:
wrong spelling of defendant’s name;
incorrect suit number;
incomplete address;
failure to distinguish between multiple defendants;
failure to provide the plaint with the summons;
omission of required documents;
incorrect date or time of appearance;
failure to obtain the required signature and seal;
treating a legal notice as a court summons;
attempting substituted service without obtaining the necessary Court order;
inadequate report of personal service;
failure to properly record refusal of service;
assuming that mere knowledge of the case always substitutes for legally proper service.
A lawyer should therefore check both the summons itself and the proof of service.
16. A Simple Model of the Structure of a Civil Summons
A conventional summons may broadly be structured as follows:
IN THE COURT OF __________
Civil Suit No. ____ of 20__
A.B.
Plaintiff
Versus
C.D.
Defendant
SUMMONS TO THE DEFENDANT
To:
C.D., son of ________, resident of ________.
Whereas the above-named plaintiff has instituted a suit against you for __________, you are hereby summoned to appear before this Court on [date] at [time] to answer the claim.
You may appear personally or through a duly instructed pleader in accordance with law.
You are directed to produce the documents upon which you intend to rely in support of your defence and, where applicable, the witnesses upon whose evidence you intend to rely.
A copy of the plaint and required accompanying documents are enclosed.
Take notice: In default of your appearance on the date specified, the suit may be heard and determined in your absence in accordance with law.
Given under the hand and seal of the Court.
Date: ________
Judge/Authorized Officer: ________
Seal of Court: ________
This is only a structural illustration. The actual summons should follow the prescribed form and the applicable rules of the relevant Court and jurisdiction.
17. Conclusion
A summons is the formal procedural bridge between the institution of a civil suit and the defendant’s opportunity to answer it. Its purpose is not merely to inform the defendant that a case exists; it must provide the defendant with sufficient procedural information and opportunity to participate in the proceedings.
Under Pakistani civil procedure, the principal legal framework is found in sections 26–32 CPC and Order V CPC, supplemented by Order III, Order VII and Order IX, and, where applicable, special statutes and High Court rules.
For a litigant, the most important practical points are simple:
Check the Court, case number, parties, address, date, time, accompanying plaint/documents, and the method and proof of service.
For a lawyer, the most important principle is equally straightforward:
A summons must not merely be issued; it must be properly prepared, properly served and properly proved to have been served.
A defect in any of these stages may affect the subsequent proceedings, particularly where an ex parte order or decree is sought.
Principal statutory references: Code of Civil Procedure, 1908 — ss. 26–32; Order III rr. 3–6; Order IV; Order V rr. 1–30; Order VII rr. 9 and 14; Order IX rr. 6–13; Order XXXVII where applicable; Appendix B (Forms of Process).