Issues and service of summons, Schemes and Mind Maps of Civil procedure

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Issue and service of

summons

GOWRI K

BA LLB SEM-THREE

PES1UG22AL

What are summons?

The term summons has not been defined in Code of Civil Procedure 1908 but according to Black's law dictionary: Summons means a writ stating an action is commenced against him in court. In code of civil procedure 1908 summons can be issued to following persons:

1. Summons To Defendant - Order 5 of Code and Section 27 to 29 of Civil Procedure 1908 2. Summons TO Witnesses - Order 16 and Section 27 to 31 of Code of Civil Procedure

Essentials of summons(Order 5,

Rules 1and 2)

 (^) Every summon must be signed by the judge or any other officer whom he appoints to do so on his behalf.  (^) It must be sealed properly.  (^) The court will not issue any summons to the defendant if he has appeared before the court at the time of the institution of the plaint.  (^) After summons are issued, the defendant is required to file written statements within 30 days. If he fails to do so, he has to provide reasons, and if the court is satisfied, it can extend the time period to file written statements to not more than 90 days.  (^) Another essential element of summons is that every summon must be accompanied by a copy of the plaint.  (^) The format of a summons must be according to the prescribed form given in Appendix B of the First Schedule under the code.

Contents of summons

Rule 5 to Rule 8 of Order 5 under the code gives the content of summons. A summon must contain:  (^) Information, whether it is issued for settlement of issues or final disposal of the suit. According to Rule 5, the court of small causes can only issue a summons for the final disposal of a suit and nothing else.  (^) It must contain the date and day fixed for the appearance of the defendant , considering the factors like the residence of the defendant, time , etc., so that he can get a reasonable time and opportunity to appear before the court.  (^) It also contains the list of necessary document s that a defendant is required to produce in court.  (^) If the summons is issued for final disposal, it must direct the defendant to produce witnesses on his behalf to support his side.

Modes Of Service of Summons

Service Of Summons By Substituted Service (Order 5 Rule 20 Of CPC): When the court is satisfied the Defendant keeping himself away from service of summons in ordinary way the court shall serve summons by following ways: A. Affixing Copy of summons in conscious part of the Court House. B. Affixing Copy of summons in conscious part of the Defendants House C. Advertisement in local newspaper where the defendant is ordinarily resides or carry on business or work personally for gain. Service Of Summons Through Electronic Message- (Order 5 Rule 9 (3) Of CPC): It is admissible nowadays for expediency and speedy service of summons, The Service of summons on Defendant can be made by giving a copy of summons to the defendant through any electronic media such as Emails or Fax under rules prescribed by the High Court.

Service of summons where

defendant resides in another state

Section 28 of CPC provides for a situation when the summons is to be sent to a defendant who is residing in a different state and also provides for the requirement to process. It simply says that the summons to be served in another state must be sent for service through the court of that state and it will so be served according to the rules in force in the state in which it is sent to. The court to which it is sent must serve it as it is issued by that court and return it to the court issuing it along with the proceedings therein. Section 29 talks about foreign summons , which provides for the situation when any of the following courts:

1. Civil or Revenue court to which Civil Procedure Code does not apply.
2. Civil or Revenue court established by the authority of Central Government outside India.
3. Civil or Revenue court outside India to which this section would apply. has issued certain summons and is intended to be served in the territory to which CPC applies. It provides that it may be sent to the courts to which CPC applies and may be severed by them as if it was