Order V Rule 2 Of Civil Procedure Code Requires Service Of Summons With Plaint: Supreme Court

The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.

A bench of Justice Aniruddha Bose and Justice Bela Trivedi, was hearing a challenge against an order of the original side of the Delhi High Court, Commercial Division.

The Court was considering the starting day for computation of limitation for filing written statement in a suit. There was service of summons by two modes. The first was through the bailiff and the second was through speed post. Two pages of the paperbook were missing when the petitioner received service through the second mode.

The Apex Court accepted the legal position put forth by the petitioner that Order V Rule 2 of the CPC requires service of summons with plaint.

“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.” The Court said.

The Court noted that the High Court did not believe he version of the incomplete service of the plaint. However, being a question of fact, the Apex Court refused to interfere.

“It is essentially a question of fact, which we do not want to reappreciate at this stage” the Apex Court said while dismissing the plea.

Case Title: National Insurance Company Ltd V. M/S National Building Construction India Ltd

Citation : 2023 LiveLaw (SC) 800

Click here to read the order