ORDER V RULE 6, 7, 8, 9, 10 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

Fixing day for appearance of defendant, Summons to order defendant to produce documents relied on by him, On issue of summons for final disposal, defendant to be directed to produce his witnesses, Delivery or transmission of summons for service and Mode of service  are defined under Rule6, 7, 8, 9 and 10 of Order V of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 6 Order V of Code of Civil Procedure 1908 "Fixing day for appearance of defendant"

The day for the appearance of the defendant shall be fixed with reference to the current business of the Court, the place of residence of the defendant and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day.

Rule 7 Order V of Code of Civil Procedure 1908 "Summons to order defendant to produce documents relied on by him"
The summons to appeal and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case.

Rule 8 Order V of Code of Civil Procedure 1908 "On issue of summons for final disposal, defendant to be directed to produce his witnesses"

Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to relay in support of his case.

Rule 9 Order V of Code of Civil Procedure 1908 "Delivery or transmission of summons for service"

(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent to the proper officer to be served by him or one of his subordinates.

(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him by post or in such other manner as the Court may direct.

Rule 10 Order V of Code of Civil Procedure 1908 "Mode of service"

Service of the summons shall be made by delivering or tendering a copy thereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.

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