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The Code of Civil Procedure, 1908: page 260
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 260, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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No. 2
SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1, 5.)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for……………………………..you are hereby summoned to appear in this Court in person, or by a
pleader duly instructed, and able to answer all material question relating to the suit, or who shall be
accompanied by some person able to answer all such questions, on
the.........................................................day of……......................20....................., at......................o’clock
in the………….................noon, to answer the claim, 1[and further you are hereby directed to file on that
day a written statement of your defence and to produce on the said day all documents in your possession
or power upon which you base your defence or claim for set-off or counter-claim and where you rely on
any other document whether in your possession or power or not, as evidence in support of your defence
or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written
statement].
Take note that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
e
od
GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ...........
Judge.
aC
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any
di
document that you have a right to call on the witness to produce, on applying to the Court and on
depositing the necessary expenses. In
2. If you admit the claim, you should pay the money into Court together with the costs of the suit,
to avoid execution of the decree, which may be against your person or property, or both.
No. 3
SUMMONS TO APPEAR IN PERSON (O. 5, r. 3)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for...............you are hereby summoned to appear in this Court in person on the….............................. day
of ...................... 20........................................at o’clock in the....................................noon, to answer the
claim; and you are directed to produce on that day all the documents upon which you intend to rely in
support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
GIVEN under my hand and the seal of the Court, this.......................... day of .......... .…..20………
Judge.
1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f. 1-2-1977).
260
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