“Service of Summons Should Include a Copy of the Plaint,” Supreme Court Dismisses National Insurance Company Ltd.’s Petition on Limitation Period

New Delhi, September 12, 2023 – In a significant ruling today, the Supreme Court of India clarified the requirements for the service of summons in civil suits. The apex court upheld that the service of summons “should include a copy of the plaint,” based on the Code of Civil Procedure, Order V Rule 2. The judgement came in the case between National Insurance Company Ltd. And M/S National Building Construction India Ltd & Others.

In the matter, National Insurance Company Ltd. Had petitioned the Supreme Court over the effective date for computing the limitation period for filing a written statement in a suit before the Delhi High Court, Commercial Division. Two modes of service were scrutinized: one through the bailiff and the other through speed post.

The Hon’ble Mr. Justice Aniruddha Bose and Hon’ble Ms. Justice Bela M. Trivedi presided over the case. “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 bench stated in the judgement.

However, the Court did not interfere with the High Court’s factual determination, mentioning, “It is essentially a question of fact, which we do not want to reappreciate at this stage.” As a result, the petition filed by National Insurance Company Ltd. Was dismissed, and any pending applications were also disposed of.

The judgement clarifies the rules around the service of summons and underlines the importance of complying with procedural requirements in civil suits. Legal experts say the ruling could serve as a crucial reference for similar cases in the future.

Date of Decision-12-09-2023

NATIONAL INSURANCE COMPANY LTD. vs M/S NATIONAL BUILDING CONSTRUCTION INDIA LTD. & ORS.