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Summons and modes of summons
code of civil procedure (ba llb)
Osmania University
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Summons and Modes of summons
Service of summons
A summons is a written notice served on a person under the authority of the court to appear personally before the court. Summons in CPC, are served on the defendants & witnesses. Defendants are summoned to intimate the suit filed against them. Whereas as the witnesses are summoned to demand evidence or to produce documents or both.
The concept of summons emanates from the natural justice principle of audi alteram partem (hear both sides). Only through such summons, the defendants become aware of proceedings against them. In the later stage of a suit, the parties can prove their case with the help of witnesses. To bring such witnesses to the court, the parties seek the court’s support. Thus, summonses are sent to the witnesses through the procedure laid under Order 16 of CPC. Without summons, the parties cannot enforce the presence of witnesses and establish their case. Bereft of such process, the attendance of witnesses cannot be achieved thereby the dispute cannot be resolved on merits.
Modes of Service of Summons
There are certain modes of service of summons, The Court always endeavour to speedy trial but it also make sure that the reasonable opportunity must be given to the parties of the suit hence the summons to defendant can be served on any following modes:
Summons issued by the court personally to the Defendant or his agent. It is ordinary way to serve summons to the defendant, after institution of suit the court may issue summons to the defendant and such summons shall be delivered by the officer of the court (Belief of court) to the Defendant personally or through his agent if any or in absence of the defendant in his ordinary residence the summon shall serve on his adult member of his family (Adult male member by Bombay High Court Amendment). After such service the officer of the court (Belief of court) shall obtain signature of the Defendant or his agent or adult member of his family to whom served personally and return original copy of summons to the court with his report. 2. Service of Summons through Courier services (R.P.A. Service) The High court of concerning territory shall make rules for such services. The service of summons can be made through Register Postal acknowledgement due or Speed post or courier services. It is addition to the direct service of summons (Order 5 Rule 9(4) Of CPC) 3. Service of summons by plaintiff (By Hand Service) The court may allow service of summons through the plaintiff on his application. Such service is valid service and rule of direct service by Court is applicable to such mode of service of summons. (Order 5 Rule 9-A of CPC) 4. 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 tin conscious part of the Court House. b. Affixing Copy of summons tin conscious part of the Defendants House c. Advertisement in local newspaper where the defendant is ordinarily resides or carries on business or work personally for gain. 5. Service Of Summons Through Electronic Message- (Order 5 Rule 9 (3) Of CPC) It is admissible now a days 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 in Special Case - Order 5 Rule 21-30, Section 28 , Order 29 Rule 2 and Order 30 Rule 3 of C.P.
Summons and modes of summons
Course: code of civil procedure (ba llb)
University: Osmania University
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