ORDER V – ISSUE AND SERVICE OF SUMMONS

Issue of Summons

1. Summons.

(1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified:
Provided that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff’s claim:
Provided further that where a summons has been issued, the Court may direct the defendant to file the written statement of his defence, if any, on the date of his appearance and cause an entry to be made to that effect in the summons.

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear-
(a) in person, or
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or
(c) by a pleader accompanied by some person able to answer all such questions.

Bare Act PDFs

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

Read CPC in a better and systematic way.

Download beautiful, colourful CPC PDF.

WL Staff
WritingLaw » CPC » Order 5, Rule 1 CPC Law Study Material PDFs and MCQ Tests
If you are a regular reader, please consider buying the Law PDFs and MCQ Tests. You will love them. You may also support us with any amount you like. Thank You.