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Section 27: Summons to defendants

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 26 All 158 Sections of Code of Civil Procedure Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 of the Code of Civil Procedure, 1908 governs the issuance of summons to defendants to appear and answer the claim, prescribing a statutory deadline of thirty days from institution.

  • Process Issuance & Attendance: Section 27 commands: 'Where a suit has been duly instituted, a summons may be issued to the defendant to appear.
  • Procedural Mechanism: Answer the claim and may be served in manner prescribed on such day not beyond thirty days from the date of the institution of the suit.'.

Section 27 enforces time-bound procedural service, directing summons to be issued within thirty days of plaint presentation to guarantee the defendant's right to timely notice.

The 30-day timeline inserted by the 1999 Amendment imposes a statutory obligation on the court registry to issue summons expeditiously upon admission of the plaint. The section operationalizes the constitutional requirement of audi alteram partem, ensuring that the adversary receives formal judicial notice of the suit along with a copy of the plaint.

Key Landmark Precedents:
  • Salem Advocate Bar Assn. (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court clarified that the 30-day period in Section 27 is a directory mandate addressed to the court to ensure prompt issuance of summons once the plaintiff has completed requisite process steps.
  • Kailash v. Nanhku, (2005) 4 SCC 480: The Supreme Court examined the interrelated operation of Section 27 and Order VIII Rule 1 CPC regarding time limits for defendant appearance and filing of written defense.
Legal Commentary:

The plaintiff must deposit process fees, registered postal covers, and copies of the plaint within seven days under Order VII Rule 9 CPC to enable the registry to comply with the 30-day issuance deadline under Section 27. Failure by the plaintiff to take steps leads to dismissal of the suit under Order IX Rule 2 CPC.

Section 26 All 158 Sections of Code of Civil Procedure Section 28