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The Code of Civil Procedure, 1908: page 92
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 92, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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STATE AMENDMENT
Uttar Pradesh
Insertion of Order IV-A.—In the First Schedule, after Order IV, the following Order shall be
inserted, namely :—
“ORDER IV-A
CONSOLIDATION OF CASES
1. Consolidation of suits and proceedings— When two or more suits or proceedings are
pending in the same court, and the court is of opinion that it is expedient in the interest of
justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be
decided upon the evidence in all or any such suits or proceedings. ”
[Vide Uttar Pradesh Act 57 of 1976, s. 5]
Amendment of Order VI.—In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the
words “at the foot”, the following words shall be substituted, namely :—
“on oath administered by an officer empowered under section 139 of the Code,”.
[Vide Uttar Pradesh Act 57 of 1976, s. 6]
______
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ORDER V
od
aC
Issue and service of summons
Issue of Summons
di
1. Summons.—1[(1) When a suit has been duly instituted, a summons may be issued to the defendant
In
to appear and answer the claim and to file the written statement of his defence, if any, within thirty days
from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the presentation of
plaint and admitted the plaintiff’s claim:
*[Provided further that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the same on such other day as may be specified by the Court, for
reasons to be recorded in writing but which shall not be later than ninety days from the date of service of
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.
(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.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;-
Provided further that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the
court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which
shall not be later than one hundred twenty days from the date of service of summons and on expiry of one
1. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002).
* Subs. by Act 4 of 2016, s. 16 and Sch., for the Second Proviso, Shall be applicable to commercial disputes of a specified value
(w.e.f. 23-10-2015).
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