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.

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