ORDER 5 CPC QUICK REVISION RULE 1-20

Order 5 CPC deals with issue and service of summons. it has 30 rules and each one of them has their own importance in a manner.

Firstly what is summon? An order to appear before a judge or magistrate, or the writ containing such an order.

What is the Copy or statement annexed to summons? Every summon has to be annexed with copy of plaint.

What is the meaning of Court may order defendant or plaintiff to appear in person? Court will order defendant to be appeared in person or by any of pleader.

What is the meaning of No party to be ordered to appear in person unless resident within certain limits? Only those parties who resides in the jurisdiction shall be ordered to appear in person.

What is the meaning of Summons to be either to settle issues or for final disposal? This means that the defendant to be called either for settling the issues or disposing the case.

How is Fixing day for appearance of defendant? Court will fix the day of appearance of defendant by providing him sufficient time to appear.

What is Summons to order defendant to produce documents relied on by him? Court will order defendant to bring documents in his possesion or which he intends to be presented in support if his case.

What is the meaning of On issue of summons for final disposal, defendant to be directed to produce his witnesses? When it’s already mentioned that the summons are for the purpose of final disposal of the case, court directs the defendant to produce his witness on tha dya for the purpose of final disposal.

What is Delivery or transmission of summons for service? When either the defendant or his agent resides within the jurisdiction of the court then court or any officer appointed by the court shall deliver it to defendant or his agent.

What is the Mode of service? Summons shall be serviced duly signed by court or by the officer appointed by the court, and sealed with the seal of the court.

How to complete Service on several defendant?  When there are several defendants then summons shall be served to each of defendant seperately.

What is the meaning Service to be on defendant on person when practicable, or on his agent? If defendant has no agent then it is practicable to call defendant in person.

What is Service on agent by whom defendant carries on business? If a suit rekating to business or work against aperson who does not reside within the local limits of the jurisdiction of the Court from which the summons is issued, then service on any agent shall be deemed to be a good service.

How is Service on agent in charge in suits for immovable property? In a suit in which relief  is respecting, or compensation for wrong of immovable property then service directly cannot be made on the defendant in person, and if the defendant has no agent empowered to accent the service, it may be made on any agent of the defendant in charge of the property.

Where service may be on an adult member of defendant’s family? When the defendant or any of his likelihood is not present at the time of service of summons then summons can be serviced to any family member who is adult of the defendant. *A servant is not considered as a family member.*

What is the meaning of Person served to sign acknowledgement? A person who received summons has to acknowledge the documents by signing.

What is the Procedure when defendant refuses to accept service, or cannot he found? When defendant refuses to accept summons or by an means not found at place then  the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.

What is Endorsement of time and manner of service?The service officer stated the time when and the manner in which the summons was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons.

 What is Examination of serving officer? If a summon is returned under above rule the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer,if it has been so verified, examine the serving officer on oath, may make such further enquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit.

What is Simultaneous issue of summons for service by post in addition to personal service? The court shall service the summons where the defendant is or his agent, actually and voluntarily resides or carries on business or personally works for gain

What is Substituted services? Where the Court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service,the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the Court thinks fit, or shall order service by advertisement in newspaper.

 

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