Order 5 and sections 27 to 29 deal with the provisions relating to summons. When the plaintiff files a suit, the defendant has to be informed that the suit has been filed against him, and that he is required to appear in the court to defend it.
The intimation which is sent to the defendant by the court is technically known as summons.
The object behind this is that the defendant must be given an opportunity as to what he has to say against the prayer made by the plaintiff. Every summon shall be signed by the judge or such officer appointed by him and shall be sealed with the seal of the court, and must be accompanied by the plaint. Every summon should be in the form prescribed in appendix B to the first schedule of the code.
The defendant may appear in person, or by a pleader duly appointed, able to answer material questions relating to the suit, or buy a pleader accompanied by some person able to answer such questions. A woman who does not appear in public, some other person exempted under the code or who unless resides within local limits of the court’s ordinary jurisdiction, or outside such limits but at a place less than 50 miles or 200 miles where public conveyance is available shall not be ordered to appear in person.
The summons must contain a direction whether the date fixed is for the settlement of issues only or for final disposal of the suit, in order to the defendant to produce all documents or copies thereof in his position. The summons may be served by the personal or direct service in person or to his authorised agent by the court, court may also permit the plaintiff to do so in addition, there can be substituted service when the defendant or his agent refuses to sign the acknowledgment or where the serving officer cannot find the defendant after due and reasonable diligence.
Where the defendant refuses to accept summons, he is deemed to have been served.
Where the defendant resides within the jurisdiction of another court or in another state, the summons may be sent to the court where he resides. Such court will serve summons on the defendant. Where the summon is to be served within presidency towns of Bombay Madras and Calcutta, it may be sent to the court of small causes within whose jurisdiction it is to be served.
