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ORDER V OF CPC.

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