Object of Issuing Summons
The object of issuing summons is to uphold the idea of natural justice and provide the defendant with the opportunity to say what he has to say against the prayer made by the plaintiff.
Essentials of Summons
According to Rule 1 and Rule 2of Order 5 of the Civil Procedure Code, every summons shall be signed by the judge or the officer appointed by the court and shall bear the seal of the court. A plaint must accompany every summons.
Contents of Summons
According to Rule 5 of Order 5of the Civil Procedure Code, the summons must state whether the date specified is for the settlement of issues only or for the final disposition of the suit. The summons should also include an order requiring the defendant to produce any documents or copies of documents in his possession or control that he intends to r...
What is a summons under the Civil Procedure Code?
Summons under the Civil Procedure Code. To follow the principle of natural justice, when a plaintiff files a lawsuit, the defendant must be notified that a lawsuit has been filed against him and that he must appear in court to defend himself. The word “ summons ” has not been defined in the Civil Procedure Code.
Can a court give a summons to a defendant?
(1) The Court may, in addition to the service of summons under Rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.
Who must sign a summons?
According to Rule 1 and Rule 2 of Order 5 of the Civil Procedure Code, every summons shall be signed by the judge or the officer appointed by the court and shall bear the seal of the court. A plaint must accompany every summons.
What is the second part of a Summons & Complaint Form?
The second part of the form contains the acknowledgment of receipt of the summons and complaint. The person served must declare on this part of the form, under penalty of perjury, the date and place of service and the person's authority to receive service.
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