Issue of Summons
1. Summons.__ (1) When a suit has been duly instituted a summons may be issued to the defendant
to appear and answer the claim on a day to be therein specified:
Provided that no such sommons 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 subrule
(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.
2. Copy or statement annexed to Summons. Every summons shall be accompanied by a copy of
the plaint or, if so permitted, by a concise statement.
3. Court may order defendant or plaintiff to appear in person.__ (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.
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4. No party be ordered to appear in person unless resident within certain limits. 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 fivesixths
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 courthouse.
5. Summons to be either to settle issues or for final disposal. 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.
6. Fixing day for appearance of defendant. 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.
7. Summons to order defendant to produce documents relied on by him. 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.
8. On issue of summons for final disposal, defendant to be directed to produce his
witnesses. 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.
Service of Summons
9. Delivery or transmission of summons for service.__ (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 to the proper officer to be served by him or one of his
subordinates.
(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 other manner as
the Court may direct.
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1[(3) Unless the Court otherwise directs, the proper officer or an officer authorised by him in this
behalf shall cause the service of summons and return it to the Court within fifteen days of issue of
summons.]
10. Mode of service. 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.
2[10A.
Service by post.__ (1) Simultaneously with the issue of summons under rule 9, there shall
be sent, unless otherwise ordered by the Court, to the defendant, by 3[couriere service and] registered
post, acknowledgment due, another copy of the summons signed and sealed in the manner provided in
rule 10.
(2) An acknowledgment purporting to be signed by the defendant of the receipt of the registered
communication or endorsement by a 3[courier messenger or] postal employee that the defendant
refused to take delivery of the same shall be deemed by the Court issuing the summons to be prima
facie proof of service of summons.]
11. Service on several defendants. Save as otherwise prescribed, where there are more defendants
than one, service of the summons shall be made on each defendant.
12. Service to be on defendant in person when practicable or on his agent. 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.
13. Service on agent by whom defendant carries on buisness.__ (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
charterer.
14. Service on agent in charge in suits for immoveable property. 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 defendant has no agent empowered to accept the service, it may be made
on any agent of the defendant in charge of the property.
15. Where service may be on male member of defendant`s family. 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 adult male 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.
1Added by Act. XIV of 1994, s.11
2Rule 10A
ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
3Added by No. 300 Rules XIY26,
dated 2nd October, 2001.
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16. Person served to sign acknowledgment. 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.
17. Procedure when defendant refuses to accept service, or cannot be found. 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 the outer 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.
18. Endorsement of time and manner of service. 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 was
served, and the name and address of the person (if any) identifying the person served and witnessing
the delivery or tender of the summons.
19.Examination of serving officer. 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.
20.Substituted service.__ 1[(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 for service of summons by(
a) affixing a copy of the summons at 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
(b) any electronic device of communication which may include telegram, telephone,
phonogram, telex, fax, radio and television; or
(c) urgent mail service or public courier services; or
(d) beat of drum in the locality where the defendant resides; or
1 Subs and added by Act. XIV of 1994, s.11.
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(e) publication in press; or
(f) any other manner or mode as it may think fit:
Provided that the Court may order the use of all or any of the aforesaid manners and modes of
service simultaneously;]
(2) Effects of substituted service. Service substituted by order of the Court shall be as effectual as
if it had been made on the defendant personally.
(3) Where service substitued, time for appearance to be fixed. Where service is substituted by
order of the Court, the Court shall fix such time for the appearance of the defendant as the case may
require 1[which shall not ordinarily exceed fifteen days.]
21. Service of summons where defendant resides within jurisdiction of an other Court. A
summons may be sent by the Court by which it is issued, whether within or without the province, either
by one of its officers or by post to any Court (not being the High Court) having jurisdiction in the place
where the defendant resides.
22. [Service within Presidency towns of summons issued by Courts outside.] Omitted by A. O.,
1949.
23. Duty of Court to which summons is sent. The Court to which a summons is sent under rule 21
2* * * shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return
the summons to the Court of issue, together with the record (if any) of its proceedings with regard
thereto.
24. Service on defendant in prison. Where the defendant is confined in a prison, the summons
shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the
defendant.
25. Service where defendant resides out of Pakistan and has no agent. Where the defendant
resides out of 3[Pakistan] and has no agent in 3[Pakistan] empowered to accept service, the summons
shall 4[except in the cases mentioned in rule 26A] be addressed to the defendant at the place where he
is residing and sent to him by post, if there is postal communication between such place and the place
where the Court is situate.