Summons-Issue and Service of Summons (Order V)

Abstract

The summons can be viewed as a document filed by a court of law under the stamp and the signature of the presiding judge of that court demanding the presence of a party to the law. Where a legal proceeding is taken against any person, i.e., a criminal case against any person or any criminal complaint or application is registered against him or her, that person must appear before the court issuing a summons on the day and time the case is in preparation for the hearing. Finding that the person is ill-informed and that the person is going and telling any situation of their knowledge of any information in the court process will issue an invitation for that person to remind them and inform them of the date and time of the court appearance.

Key Words: Summons, Ex-Parte, Audi Alteram Partem, Order V.

Introduction

Summons has not been defined in this code, but as per thedictionary meaning,[1] “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 acertain purpose.”Maganti Krishna Durga v. Magantu Anil Kumar,[2] it was observed that where thehusbandobtains a decree of divorce ex-parte by practicing fraud, husband cannot take advantage ofsection 15 of Hindu Marriage Act and remary. Similarly, ex-parte decree against respondent hasto be set aside, if he satisfies court that summons had not been duly served or he was preventedby sufficient cause from appearing before court when suit was called on for hearing. However, in any legal proceeding, many witnesses are requested to be supported by those parties to help them prove their case. The broadcaster is not personally known to the parties but needs to be provided with a formal communication by the appropriate court to make sure that no witness is missing on the day of the hearing given and there is no mitigation of the case. Therefore, a summons is also issued to all witnesses to be investigated by both parties in the same manner as the accused or defendant.

Summon on Civil matters

A summons is issued under Order V of the Code of Civil Procedure. According to Order 5 Rule 1 (1) where any case has been formalized, the respondent may be released to respond to the claim and file a written statement in defense, if any, within 30 days from the date of the summons from that respondent.

Appearing in federal court against a summons

Order (2) also provided that any respondent to be summonsed under sub-regulation (1) may appear in person, or any suitably directed defendant who is able to answer all questions relating to a case, or with the advice of an individual who is able to answer all practical questions. Subject to Order (3), all such summons must be signed by the Honorable Judge or any such officer as he or she imposes for that purpose, and shall be issued with the seal of the Honorable Court.This is in consonance with the principle of natural justice as no one can be condemned unheard(audi alteram partem).[3]

What documents should be included in Summon?

According to Order V Rule 2 of the Code of Civil Procedure, a copy of the description needs to be filed. Provides that “all summons be accompanied by a copy of the description”. Subject to Order V Rule 3 of the Code of Civil Procedure, the Court may order the respondent or the respondent to appear in person. The provisions are:1. When the court determines the reason for the defendant’s appearance, the summons will order him to appear in court on a specified date. 2. When the court finds a reason to require the complainant to appear on the same day, it will issue an order for that person to appear in court.

Appearance of people living without any restrictions

According to Order V Rule 4 of the Code of Civil Procedure, No Party should be constituted to appear in person without being subject to certain limitations.

The purpose of naming groups

By order of Order V Rule 5 of the Code of Operating Procedures it can be a troubleshooting or a final disposal. The provisions of this Act:The court will decide, at the time of the summons, whether it is for settlement only, or for final disposal of the case; and the summons will contain a reference accordingly:For as long as, in every suit heard by the Small Claims Court, the summons will be the final disposal of the suit.

Arrangement of date of appearance of respondent in court

The date subject to sub-regulation (1) of regulation 1) shall be adjusted with reference to the present business of the court, the residence of the respondent and the time required for the execution of the summons.

Can the service be done to the agent where the respondent is doing business?

Order V Rule 13 provides for the provision of a service when a respondent conducts business.

1. In relation to any business or activity against a person who does not live within the limits of the jurisdiction of the Court in which the summons has been issued, he or she applies to any manager or agent, which, in the course of his or her business, shall be deemed to be of good use.

2. For the purpose of this rule the captain of the ship shall be regarded as the agent of the owner or debtor.

If the service is to be performed by an agent handling the suit of immovable property

Order V Rule 14 provides performance services to an immovable property management agent. Where a claim for relief related to, or compensation for inaccurate, immovable property, service cannot be made to the respondent personally, and the defendant does not have the agent authorized to accept the service, it may be made to any defendant agent in charge of the property.

Should the service be an adult member of the respondent’s family

Subject to Order V Rule 15 where services may be available to adult members of the respondent’s family. Where it is appropriate that the respondent is not resident at the time of the summons being lodged with him or her and no opportunity to be located in a vacant and free agent with the power to receive summons services on his or her behalf, services may be made to any adult family member, whether male or female, your roommate.

If a person is to be worshiped, he or she must be a token of approval

Order V Rule 16 arranges for a person to serve to sign their consent. When the acting officer gives or gives a copy of the summons to the respondent himself, or to the agent or other person on his behalf, he or she must require the signature of the person to whom the copy was delivered or given be allowed in the original summons.

What is the process when a respondent refuses to accept the service, or is unavailable?

Order V Rule 17 provides for a procedure in which a defendant refuses to accept the service, or is unavailable.Where the defendant or his agent or any other such person has refused to sign the application, or when the officer is in office, after due diligence and due diligence, cannot find the respondent (who is not in his place of residence and has no chance of being found in the house within a reasonable time) and no agent has been given permission to consent to serve summons on his behalf, and no other person may be assigned, the serving officer must attach a copy of the summons outside the door or other visible part of the house where the defendant normally resides or does business or works for profit, returns the original to the Court where it was issued, the appendix of which is attached to which he or she has attached a copy, the conditions under which he or she is subject, and the name and address of the person (if any) of such house identified by whom and whose copy was recorded.

How to allow time and practice

Order V Rule 18 outlines the consistency of the timing and method of operation. The serving officer must, in all cases where a summons has been given under Rule 16, approve or complain, or cause to be allowed or filed, on or in the first summons, a timely return and manner. A summons has been issued, and the name and address of the person (if any) and confirming the delivery or tender of the summons.Reed Summon are issued simultaneously by mail in addition to personal service.Order 5 Rule 19A deals with the same Summon issue of service by mail in addition to personal service.

Conclusion

Comprehensive compliance with the procedure under Order V of the CPC is one of the best practices for the summons. Order V, Rule 19-A CPC was introduced to avoid service delay itself, the summons service, with the registration of A.D. Subsection (2) of Rule 19-A is the same as Section 27 of the General Laws Act, 1897. Proof that a letter has been sent generally is proof that it has been submitted under section 16 of the Evidence Act. I am finalizing the project with the suggestion that as information technology is increasing day by day, it is time to apply the new law and set out detailed rules for the use of summons, notices, documents in electornic mode and that process training classesServers must be programmed to understand the law and that they must also electronically file their paperwork using a specific type of GPS device, and keep those records on record for at least a decade.

Reference

Books:

1) C.K Takwani, civil procedure, eastern book company, 8th edition, 2018

2) MULLA, The code of civil procedure, lexisnexis, 2015

Bare act: –

1) The code of civil procedure, 1908

2) Indian evidence act, 1872

Websites:

1) http://www.indiankanoon.com

2) http://www.lexinexis.com

3) http://www.articlesonlaw.com


[1]Earl jowitt, the dictionary of English law (1972) at p.1700

[2]Maganti Krishna Durga v. Magantu Anil Kumar, 2015 (5) ALT 346 (D.B.) (india).

[3]Lectures on administrative law (2012).

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