Summons and Service Questions and Answers

Answer: D

The court may dismiss the suit.

Order IX Rule 2 of the Code of Civil Procedure provides that where summons is not served because the plaintiff failed to pay the court fee or postal charges chargeable for its service within the time fixed, the court may make an order that the suit be dismissed. No such order is made if the defendant appears, in person or by agent, on the day fixed, even though the charges were not paid. Under Order IX Rule 4 the plaintiff may then bring a fresh suit or apply to have the dismissal set aside.

The Code does not provide for staying the suit, deciding it on merits without service, or returning the plaint in this situation; return of the plaint is for a court that lacks jurisdiction.

Answer: C

Summons may be served on the principal officer of the corporation.

Order XXIX Rule 2 of the Code of Civil Procedure provides that, subject to any statutory provision, in a suit against a corporation the summons may be served on the secretary, or on any director or other principal officer of the corporation, or by leaving or posting it at the registered office.

Service on any ordinary employee is not authorised by the rule, and a relative of a director has no connection with the corporation's legal representation, so those options are wrong.