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The Code of Civil Procedure, 1908: page 261
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 261, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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[No. 4 1
SUMMONS IN A SUMMARY SUIT
(O. 37, r. 2)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil
Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be
entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled,
after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may
order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a
summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend
the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is
defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
e
od
GIVEN under my hand and the seal of the Court, this............................day
of...........................20...........
aC Judge.]
2
[No. 4A
di
In
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
(O. 37, r. 3)
(Title)
…………In the....................Court, at......................Suit No............................of 20…………..XYZ
Plaintiff
Versus
ABC Defendant
Upon reading the affidavit of the plaintiff the Court makes the following order, namely :—
Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of
.................. 20………., at ..........................o’clock in the forenoon on the hearing of the application of
the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one
or some or several, insert names) for Rs....................and for interest and costs.
Date the ......................day of.................. 20………...]
Judge.
1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f. 1-2-1977).
2. Ins. by s. 94, ibid. (w.e.f. 1-2-1977).
261
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