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Order XXVII - Issue and Service of Summons : Supreme Court Rules 2013

 

 

What is the procedure for Issue and Service of Summons? Order XXVII of Supreme Court Rules 2013

Order XXVII of Supreme Court Rules 2013 : "Issue and Service of Summons"

1. When a suit has been duly instituted a summons shall be issued to the defendant to appear and answer the claim.

2. Every summons shall be signed by the Registrar, and shall be sealed with the seal of the Court.

3. Every summons shall be accompanied by a copy of the plaint.

4. The summons shall be served by being sent by registered post to the Attorney-General for India or the Advocate-General for the State, as the case may be, or to an advocate-on-record of the defendant empowered to
accept service.

5. There shall be endorsed on every summons a notice requiring the defendant to enter an appearance within twenty-eight days after the summons has been served.

6. A defendant shall enter the appearance by filing in the Registry a memorandum in writing containing the name and place of business of his advocate-on-record if any, and in default of appearance being entered within the time mentioned in the summons, or as hereinafter provided, the suit may be heard ex-parte.

7. The defendant shall forthwith give notice of his having entered an appearance to the plaintiff.

 

8. The plaintiff shall within fourteen days after the defendant has entered an appearance take out asummons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such direction with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient.

 

SUPREME COURT RULES 2013

(D) PROVISIONS REGARDING SPECIAL LEAVE PETITIONS UNDER
ARTICLE 136 OF THE CONSTITUTION

Order XXI - Special Leave Petitions (Civil) SLP

Order XXII - Special Leave Petitions in Criminal Proceedings

(E) APPEALS UNDER THE SPECIAL ACTS

Order XXIII - appeals under section 38 of the advocates act, 1961(25 of 1961)

Order XXIV - Appeals under Section 23 of the Consumer Protection Act 1986

PART- III
ORIGINAL JURISDICTION
(A) ORIGINAL SUITS

Order XXV - Parties to Suits

 

 

Order XXVI - Plaints

Order XXVII - Issue and Service of Summons

Order XXVIII - Written Statement, Set-off and Counter-Claim

Order XXIX - Pleadings Generally

Order XXX - Discovery and Inspection

 

 

Order XXXI - Admissions

Order XXXII - Summoning and attendance of Witnesses

Order XXXIII - Adjournments

Order XXXIV - Hearing of the Suit

Order XXXV - Withdrawal and adjustment of Suits

 

 

Order XXXVI - Payment into court

Order XXXVII - Special Case

(B) PETITIONS UNDER ARTICLE 32 OF THE CONSTITUTION

Order XXXVIII - Application for enforcement of fundamental rights (Article 32 of Constitution)

Order XXXIX - Applications for transfer of criminal proceeding under section 406 of the Criminal Procedure Code, 1973 and Section 11 of the Terrorist affected areas (Special Courts) Act, 1984

Order XL - Application for transfer under Article 139A (1) of the Constitution

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