The Supreme Court recently clarified the provisions under Order V Rule 2 of the Code of Civil Procedure, 1908 (CPC). The bench, consisting of Justice Aniruddha Bose and Justice Bela Trivedi, stated that the service contemplated under this rule implies the
“service of summons along with the copy of the plaint.”
This decision came while the Court was reviewing an appeal against an order from the original side of the Delhi High Court’s Commercial Division. The primary issue was to determine the starting day for the computation of the limitation period for filing a written statement in a lawsuit.
The summons in this case was served through two methods: first by a bailiff and then via speed post. However, when the petitioner received the service through the latter method, two pages of the paperbook were found missing.
The Supreme Court, addressing the petitioner’s contention, stated,
“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.”
Despite this acknowledgment, the Court observed that the High Court did not believe the petitioner’s version of the incomplete service of the plaint. On this matter, the Apex Court remarked,
“It is essentially a question of fact, which we do not want to reappreciate at this stage,”
and consequently dismissed the plea.
Case Title: National Insurance Company Ltd V. M/S National Building Construction India Ltd
