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ORDER V RULE 1, 2, 3, 4, 5 OF CODE OF CIVIL PROCEDURE 1908

What is Summons? What is the Copy or statement annexed to summons? What is the meaning of Court may order defendant or plaintiff to appear in person? What is the meaning of No party to be ordered to appear in person unless resident within certain limits? What is the meaning of Summons to be either to settle issues or for final disposal? Rule 1, 2, 3, 4 and 5 of Order V of Code of Civil Procedure 1908

Summons, Copy or statement annexed to summons, Court may order defendant or plaintiff to appear in person, No party to be ordered to appear in person unless resident within certain limits and Summons to be either to settle issues or for final disposal  are defined under Rule 1, 2, 3, 4 and 2 of Order V of Code of Civil Procedure 1908. Provisions under these Rules are:

Rule 1 Order V of Code of Civil Procedure 1908 "Summons"

(1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified :

Provided that no such summons shall be issued when .the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim :

Provided further that where a summons has been issued, the Court may direct the defendant to file the written statement of his defence, if any, on the date of his appearance and cause an entry to be made to that effect in the summons.

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

(c) by a pleader accompanied by some person able to answer all such questions.

(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.

 

Rule 2 Order V of Code of Civil Procedure 1908 "Copy or statement annexed to summons"

Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement.

Rule 3 Order V of Code of Civil Procedure 1908 "Court may order defendant or plaintiff to appear in person"

(1) Where the Court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.

(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.

Rule 4 Order V of Code of Civil Procedure 1908 "No party to be ordered to appear in person unless resident within certain limits"

No party shall be ordered to appear in person unless he resides-

(a) within the local limits of the Court's ordinary original jurisdiction, or

(b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house.

Rule 5 Order V of Code of Civil Procedure 1908 "Summons to be either to settle issues or for final disposal"

The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly :

Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.

Code of Civil Procedure 1908

ORDER I PARTIES TO SUIT

Who may be joined as plaintiffs? What is Power of court to order separate trails? Who may be joined as defendants? What is Power to order separate trials where joinder of defendants may embarrass or delay trial?, What are the Conditions for entertainment of suits? Rule 1, 2, 3, 3A and 3B of Order I of Code of Civil Procedure 1908

What is the meaning of Court may give judgment for or against one or more of joint parties? What is the meaning of Defendant need not be interested in all the relief claimed? What is the meaning of Joinder of parties liable on same contract? When plaintiff in doubt from whom redress is to be sought? What is the meaning One person may sue or defend on behalf of all in same interest? What is the Power of court to permit a person or body of persons to present opinion or to take part in the proceedings? Rule 4, 5, 6, 7, 8 and 8A of Order I of Code of Civil Procedure 1908

What is Misjoinder and nonjoinder? What is Suit in name of wrong plaintiff? What is Conduct of suit? What is Appearance of one of several plaintiffs or defendants for others? What is Objections as to nonjoinder or misjoinder? Rule 9, 10, 11, 12 and 13 of Order I of Code of Civil Procedure 1908

ORDER II FRAME OF SUIT

What is Frame of suit?, What is the meaning Suit to include the whole claim?, What is Joinder of causes of action?, What is the meaning of Only certain claims to be joined for recovery of immovable property?, What is Claims by or against executor?, Who is administrator or heir?, What is Power of Court to order separate trials?, What is Objections as to misjoinder? Rule 1, 2, 3, 4, 5, 6 and 7 of Order II of Code of Civil Procedure 1908

ORDER III RECOGNIZED AGENTS AND PLEADERS

What is the meaning of Appearance etc may be in person by recognized agent or by pleader?, Who are Recognized agents?, How is Service of process on recognized agent?, What is Appointment of pleader?, What is Service of process on pleader?, What is the meaning Agents to accept service? Rule 1, 2, 3, 4, 5 and 6 of Order III of Code of Civil Procedure 1908

ORDER IV INSTITUTION OF SUITS

What is the meaning of Suit to be commenced by plaint? What is Register of suits? Rule 1 and 2 of Order IV of Code of Civil Procedure 1908

ORDER V ISSUE AND SERVICE OF SUMMONS

What is Summons? What is the Copy or statement annexed to summons? What is the meaning of Court may order defendant or plaintiff to appear in person? What is the meaning of No party to be ordered to appear in person unless resident within certain limits? What is the meaning of Summons to be either to settle issues or for final disposal? Rule 1, 2, 3, 4 and 5 of Order V of Code of Civil Procedure 1908

How is Fixing day for appearance of defendant? What is Summons to order defendant to produce documents relied on by him? What is the meaning of On issue of summons for final disposal, defendant to be directed to produce his witnesses? What is Delivery or transmission of summons for service? What is the Mode of service? Rule 6, 7, 8, 9 and 10 of Order V of Code of Civil Procedure 1908

How to complete Service on several defendants? What is the meaning Service to be on defendant on person when practicable, or on his agent? What is Service on agent by whom defendant carries on business? How is Service on agent in charge in suits for immovable property? Where service may be on an adult member of defendant's family? Rule 11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908

What is the meaning of Person served to sign acknowledgement? What is the Procedure when defendant refuses to accept service, or cannot he found? What is Endorsement of time and manner of service? What is Examination of serving officer? What is Simultaneous issue of summons for service by post in addition to personal service? What is Substituted services? Rule 16, 17, 18, 19, 19A and 20 of Order V of Code of Civil Procedure 1908

What is the method of Service of summons where defendant resides within jurisdiction of another Court? What is Service within presidency-towns of summons issued by Courts outside? What is the Duty of Court to which summons is sent? What is the mode of Service on defendant in prison? How to Service where defendant resides out of India and has no agent? Rule 21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908

How to do Service in foreign territory through Political Agent or Court- Where? How Summonses to be sent to officer to foreign countries? How to do Service on civil public officer or on servant of railway company or local authority? How to do Service on soldiers, sailors or airmen? What is the Duty of person to whom summons is delivered or sent for service? What is Substitution of letter for summons? Rule 26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908


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