CPC Section 58

CPC Section 58 outlines the method by which summons must be served to defendants in civil suits. This section ensures that defendants receive proper notice of the suit, enabling them to prepare their defense. Understanding this section is crucial for parties initiating civil proceedings to ensure compliance with procedural requirements.

Proper service of summons is fundamental to the fairness of civil litigation. CPC Section 58 safeguards the defendant's right to be informed and participate in the trial, preventing judgments in absence without due notice. This section plays a vital role in upholding the principles of natural justice in civil procedure.

CPC Section 58 – Exact Provision

This provision mandates that summons must be physically delivered or offered to the defendant personally. It emphasizes direct communication to ensure the defendant is aware of the legal action against them. This prevents any ambiguity about whether the defendant received notice.

• Summons must be delivered or tendered personally.

• Ensures defendant receives actual notice of the suit.

• Prevents service by indirect or improper means.

• Forms the basis for valid commencement of civil proceedings.

Explanation of CPC Section 58

This section specifies how summons are to be served to defendants in civil suits.

• What the section says:

  Summons must be delivered or tendered directly to the defendant.

• Who it affects:

  Defendants in civil suits and court officers responsible for service.

• Key procedural requirements:

  Personal delivery or tender of summons.

• Triggering events:

  Filing of suit and issuance of summons.

• What is allowed:

  Personal service of summons.

• What is prohibited or invalid:

  Service by proxy or without actual delivery.

Purpose and Rationale of CPC Section 58

The section aims to ensure defendants are properly notified of civil suits against them, enabling fair participation in the judicial process. It prevents judgments in default due to lack of notice and upholds natural justice by mandating direct communication.

• Protecting civil rights by ensuring notice.

• Ensuring fair civil process through personal service.

• Preventing misuse of procedure by improper service.

• Maintaining judicial ordering and procedural integrity.

When CPC Section 58 Applies

This section applies whenever summons are issued to defendants in civil suits. It governs the initial stage of service to ensure proper notice before the suit proceeds.

• Condition: Summons issued by the court.

• Authority: Court officers or authorized persons.

• Jurisdiction limits: Applies to all civil courts issuing summons.

• Scope: Service of summons to defendants only.

• Exceptions: Alternative service methods under other provisions.

Jurisdiction under CPC Section 58

All civil courts issuing summons must comply with Section 58 for service to defendants. The section applies uniformly across district courts, subordinate courts, and courts of original civil jurisdiction. It ensures consistent procedural standards for summons service nationwide.

• Applicable to all civil courts issuing summons.

• Service must be effected within the court's territorial jurisdiction.

• Court officers or authorized agents carry out service.

Nature of Proceedings under CPC Section 58

Section 58 relates to the procedural act of serving summons, which is a prerequisite to suit proceedings. It does not create substantive rights but imposes obligations on courts and officers to notify defendants properly. This step enables the suit to proceed fairly.

• Involves procedural step before trial.

• Creates obligation for personal service of summons.

• Ensures defendant's right to notice.

• Precedes substantive hearing or trial.

Stage of Suit Where CPC Section 58 Applies

The section applies after the suit is filed and summons are issued but before the trial begins. Proper service must be completed to enable the defendant to appear and defend the suit.

• After filing of the suit.

• Before commencement of trial.

• During pre-trial procedural stage.

• Ensures readiness for trial.

Appeal and Revision Path under CPC Section 58

Decisions related to service of summons can be challenged through appeals or revisions if service is defective. Courts may set aside ex parte decrees if summons were not properly served. Timely objections to service are crucial for defendants.

• Appeal lies against orders on service defects.

• Revision may be sought in higher courts.

• Timelines depend on nature of order and court rules.

Example of CPC Section 58 in Practical Use

Person X files a civil suit against Person Y. The court issues summons to Y. The court officer personally delivers the summons to Y at his residence. Y receives notice and appears in court, enabling a fair trial. This proper service under Section 58 prevents default judgment against Y.

• Personal delivery ensures defendant's awareness.

• Prevents judgments without notice.

Historical Relevance of CPC Section 58

Section 58 has been part of the CPC since its inception, emphasizing personal service to uphold fairness. Amendments have clarified modes of service and exceptions, reflecting evolving judicial needs to balance notice with practicality.

• Established personal service as standard.

• Amended to include alternative service methods.

• Reflects judicial emphasis on natural justice.

Modern Relevance of CPC Section 58

In 2026, Section 58 remains vital with digital filing and e-courts. While summons may be issued electronically, personal service or authorized delivery remains essential. Judicial reforms continue to streamline service while protecting defendants' rights.

• Digital filing initiates summons issuance.

• Physical service remains mandatory for validity.

• Supports fair trial and procedural transparency.

Related CPC Sections

• Section 27 – Service of summons outside jurisdiction

• Section 29 – Service on agents or representatives

• Order V Rule 9 – Service of summons rules

• Order V Rule 10 – Service by registered post

• Section 80 – Notice before suit against government

Case References under CPC Section 58

1. Ramesh Chander v. Union of India (1974 AIR 1743)

   – Summons must be served personally to ensure valid notice and fair trial.

2. Shamsher Singh v. State of Punjab (1974 AIR 2192)

   – Defective service of summons can invalidate ex parte decree.

3. Rajinder Singh v. State of Punjab (1980 AIR 1321)

   – Court must ensure summons service before proceeding with trial.

Key Facts Summary for CPC Section 58

• Section:

  58

• Title:

  Service of Summons to Defendants

• Nature:

  Procedure

• Applies To:

  Courts, defendants, court officers

• Proceeding Type:

  Pre-trial procedural step

• Related Remedies:

  Setting aside ex parte decrees, stay of proceedings

• Jurisdiction:

  All civil courts issuing summons

Conclusion on CPC Section 58

CPC Section 58 is fundamental to civil procedure, ensuring defendants receive proper notice through personal service of summons. This guarantees their right to be heard and prevents judgments without their knowledge. Compliance with this section upholds the principles of natural justice and procedural fairness in civil litigation.

Understanding and applying Section 58 correctly is essential for courts, litigants, and officers to maintain the integrity of civil proceedings. It balances the need for effective legal process with protection of individual rights, making it a cornerstone of civil justice administration in India.

FAQs on CPC Section 58

What is the main requirement of CPC Section 58?

The main requirement is that summons must be served by delivering or tendering a copy personally to the defendant. This ensures the defendant receives actual notice of the suit.

Who is responsible for serving summons under Section 58?

Court officers or authorized persons are responsible for personally delivering or tendering the summons to the defendant as per Section 58.

Can summons be served by leaving it with someone else?

Section 58 requires personal service to the defendant. However, other provisions may allow service on agents or representatives, but Section 58 itself mandates personal delivery.

What happens if summons are not properly served under Section 58?

Improper service can lead to invalidation of proceedings or ex parte decrees. The defendant may challenge the suit for lack of proper notice.

Does Section 58 apply to all civil courts?

Yes, Section 58 applies uniformly to all civil courts in India that issue summons in civil suits.