ORDER V OF CPC. ISSUE AND SERVICE OF SUMMONS.

ORDER V
ISSUE AND SERVICE OF SUMMONS

Issue of Summons

1 Summons

1[(1) When a suit has been duly instituted, a summons may issued to the defendant to appear and answer the claim and to file the writ statement of his defence, if any, within thirty days from the date of service summons on that defendant;

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

Provided further that where the defendant fails to file the written statement wit! the said period of thirty days, he shall be allowed to file the same on such other days as may be specified by the Court for reasons to be recorded in writing, but whi shall not be later than ninety days from the date of service of summons.;]

(2) A defendant to whom a summons has been issued under sub-rule (1) m appear—

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relati to the suit, or

(c) by a pleader accompanied by some person able to answer all such question.

(3) Every such summons shall be signed by the Judge or such officer as appoints, and shall be sealed with the seal of the Court

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: