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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 and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:

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

*[Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.]

(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.

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*. Shall be applicable to commercial disputes of a specified value only by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10- 2015)

STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).-

In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;-

Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the court shall not allow the written statement to be taken on record.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)

 

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

Every summon shall be accompanied by a copy of the plaint.

 

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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