ORDER V RULE 21, 22, 23, 24, 25 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
Service of summons where defendant resides within
jurisdiction of another Court, Service within
presidency-towns of summons issued by Courts outside, Duty
of Court to which summons is sent, Service on defendant in
prison and Service where defendant resides out of India and
has no agent are defined under Rule 21, 22, 23, 24 and 25 of
Order V of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 21 Order V of Code of Civil Procedure 1908 "Service
of summons where defendant resides within jurisdiction of
another Court"
A summons may sent by the Court by which it is issued,
whether within or without the State, either by one of its
officers or by post to any Court (not being the High Court)
having jurisdiction in the place where the defendant
resides.
Rule 22 Order V of Code of Civil Procedure 1908 "Service
within presidency-towns of summons issued by Courts outside"
Where as summons issued by any Court established beyond the
limits of the towns of Calcutta, Madras and Bombay is to be
served within any such limits, it shall be sent to the Court
of Small Causes within whose jurisdiction it is to be
served.
Rule 23 Order V of Code of Civil Procedure 1908 "Duty
of Court to which summons is sent"
The Court to which a summons is sent under rule 21 or rule
22 shall, upon receipt thereof, proceed as if it had been
issued by such Court and shall then return the summons to
the Court of issue, together with the record (if any) of its
proceedings with regard thereto.
Rule 24 Order V of Code of Civil Procedure 1908 "Service
on defendant in prison"
Where the defendant is confined in a prison, the summons
shall be delivered or sent by post or otherwise to the
officer in charge of the prison for service on the
defendant.
Rule 25 Order V of Code of Civil Procedure 1908 "Service
where defendant resides out of India and has no agent"
Where the defendant resides out of India and has no agent in
India empowered to accept service, the summons shall be
addressed to the defendant at the place where he is residing
and sent to him by post, if there is postal communication
between such place and the place where the Court is situate
:
Provided that where any such defendant resides in Bangladesh
or Pakistan, the summons, together with a copy thereof, may
be sent for service on the defendant, to any Court in that
country (not being the High Court) having jurisdiction in
the place where the defendant resides :
Provided further that where any such defendant is a public
officer in Bangladesh or Pakistan (not belonging to the
Bangladesh or, as the case may be, Pakistan military, naval
or air forces) or is a servant of a railway company or local
authority in that country, the summons, together with a copy
thereof, may be sent for service on the defendant, to such
officer or authority. in that country as the Central
Government may, by notification the Official Gazette,
specify in this behalf.
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
