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Service of Summons in Legal Proceedings

Service of Summons:

  • When the plaintiff files a suit, the defendant has to be informed that a suit has been filed against him, and that he is required to appear in the court to defend it. The intimation which is sent to the defendant by the court is technically known as "summons". No such summon shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff's claim.
     
  • 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. 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.
     
  • Though the said expression (summons) has not been defined in the code, according to the dictionary meaning, "A summons is a document issued from the office of a court of justice, calling upon the person to whom it is directed to attend before a judge or officer of the court for a certain purpose."
     
  • Object Of Issuing Summons: The defendant must be given an opportunity as to what he has to say against the prayer made by the plaintiff.

Appearance in Court against summons:

  • in person, or
  • by a pleader duly instructed and able to answer all material questions relating to the suit, or
  • by a pleader accompanied by some person able to answer all the questions. (Order 5 rule 1)

Essentials Of Summons: Rule 2:

  1. Every summons shall be signed by the judge, or such officer appointed by him and shall be sealed with the seal of the court and must be accompanied by a plaint.
    1. Form of summons
    2. Every summons should be in the forms prescribed in appendix B to the (first) schedule of the code.
       
  2. Appearance in person: Rule 3
    A defendant to whom a summons has been issued, may appear:
    1. in person; or
    2. by a pleader duly instructed and able to answer all material questions relating to the suit; or
    3. by a pleader accompanied by some person able to answer all such questions. The court, however, may order the defendant or plaintiff to appear in person.
       
Mode Of Service Of Summons:
  • Personal or direct service (RULE 10 – 16, 18)
  • Service by court (RULE 9)
  • Substituted Service (RULE 17, 19 – 20)
  • Service by post
  • Through email
  • Through WhatsApp

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