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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.

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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