Service on several defendants
Full Text
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
Plain English Summary
Mandates that where multiple defendants are arrayed in a suit, individual and separate service of summons must be effected on every single defendant.
Key Legal Elements
- Individual Service Mandate: Service on one defendant does not constitute service on co-defendants.
- No Collective Presumption: Joint family members or co-tenants must each be served individually unless represented by recognized agent.
- Prerequisite for Decrees: Ex parte decree against an unserved co-defendant is liable to be set aside.
Practical Note
Appellate & Trial Tactics: 1. Joint Family Exception Clarification: Even in Hindu Undivided Family (HUF) disputes, if individual coparceners are named as distinct defendants, each must be served separately under Rule 11. 2. Incomplete Service: Plaintiff cannot proceed to trial against unserved defendants without proving individual service under Rule 11.
हिंदी पाठ
अन्यथा विहित के सिवाय, जहां एक से अधिक प्रतिवादी हैं वहां प्रत्येक प्रतिवादी पर समन की तामील की जाएगी।