Code of Civil Procedure, 1908

APPENDIX B

PROCESS

No. 1.

SUMMONS FOR DISPOSAL OF SUIT (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 questions 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 ; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and 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

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 document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.

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. 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 counterclaim, 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 counterclaim, you shall enter such documents in a list to be annexed to the written statement].

1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977).

Take note 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.

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 document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses.

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[No. 4

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 server 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.

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 Form No. 4 (w.e.f 1-2-1977).

²[No. 4A

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.

2. Subs. by s. 94, ibid. (w.e.f. 1-2-1977).

No. 5

NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF

(O. 1, r. 10)

(Title)

To......................[Name, description and place of residence.]

WHEREAS...................has instituted a suit against...................for............and whereas it appears necessary that you should be added as plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved.

Take notice that you should on or before the .................. day of .............. 20, signify to this

Court whether you consent to be so added.

Given under my hand and the seal of the Court, this ................. day of ...................... 20

Judge.

No. 6

SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT

(O. 22, r. 4)

(Title)

To

WHEREAS the plaintiff .................... ...........instituted a suit in this Court on the..................day of.............../20....against the defendant........ who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said, .. deceased, and desiring that you be made the defendant in his stead;

You are hereby summoned to attend in this Court on the............ day of................20......., at ................A.M. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence.

Given under my hand and the seal of the Court, this ................. day of ...................... 20

Judge.

No. 7

ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT

(O. 5, r. 21)

(Title)

WHEREAS it is stated that ..............................

Defendant ______________	in the above suit is at present residing in..................
witness

It is ordered that a summons returnable on the ....................day of.....................20....... , be forwarded to the ..............Court of ................for service on the said defendant/witness............ with a duplicate of this proceeding.

The court-fee of ............. chargeable in respect to the summons has been realised on this Court in stamps.

Dated ...................20 .........

Judge.

No. 8

ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER

(o. 5, r. 25.)

(Title)

To

...................

...................

The Superintendent of the Jail at........................................................................................................ ............................................. ........................................................................

Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is here with forwarded for service on the defendant.................. who is............... a prisoner in jail, You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge.

No. 9

ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER

(O. 5, rr. 27, 28.)

(Title)

To

UNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant................who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge.

No. 10

TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT

(O. 5, r. 23.)

(Title)

Read proceeding from the .................. forwarding ................ for service on ................... in Suit No. ...............................Of...............20 ........... of that Court.

Read Serving Officer's endorsement stating that the........and proof of the above having been duly taken by me on the oath of............. and.......................it is ordered that the...............be returned to the.............with a copy of this proceeding.

Judge.

NOTE .-This form will be applicable to process other than summons, the service of which may have to be effected in the same manner.

No. 11

AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE

(O. 5, r. 18.)

(Title)

The affidavit of ...................................... , son of .................................................
I...................................................................									make oath _________ affirm
and say as follows :-
(1) I am a process-server of this Court.
(2) On the day of......................................20...........I received a									Summons _________ notice
issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated the day of ..........20..........., for service on
(3) The said...............was at the time personally known to me, and I served the said									Summons _________ notice
him ______ her		On the ..........day of........20........, at about....................O'clock in the ................
................noon at......................by tendering a copy thereof to								him ______ her	His ______ her
Signature to the original notice
(a)
(b)
(c)
(a) Here state whether the person served signed or refused to sing the process, and in whose presence.
(b) Signature of process-server.
or,
(3) The said........................not being personally known to me.............accompanied me............to
and pointed out to me a person whom he stated to be the said......., and I served the said.....									Summons _________ notice
on	him ______ her		on the ......................day of...................20......., at about...............o'clock in the..........
noon at.....by tendering a copy thereof to				him ______ her	and requiring	him ______ her	Signature to the original		Summons _________ notice
(a)
(b)
(c)
(a) Here state whether the person served signed or refused to sing the process, and in whose presence.
(b) Signature of process-server.
or,
(3) The said.............and the house in which he ordinarily resides being personally known to me, I went to the said house, in ................and thereon the .................day, of ......................19
at about.......................o'clock in the...............noon , I did not find the said....................
(a)

(b)

(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.

(b) Signature of process-server.

or,

(3) One...........accompanied me to....................and there pointed out to me which he said was the house in which......................ordinarily resides. I did not find the said...............there.

(a)

(b)

(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.

(b)

(b) Signature of process-server.

or,

If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.

Sworn __________ affirmed

by the said.......................................before me

Empowered under section 139 of the
Code of Civil Procedure, 1908, to
administer the oath to deponents.

No. 12

NOTICE TO DEPENDANT

(O. 9, r. 6.)

(Title)

To................... [Name, description and place of residence.]

WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons;

Notice is hereby given to you that the hearing of the suit is adjourned this day and that the................... day of..............20..........................is now fixed for the hearing of the same; in default of your appearance on the day last 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.

No. 13

SUMMONS TO WITNESS

(O. 16, rr. 1, 5.)

(Title)

To..........................

WHEREAS your attendance is required to................................ on behalf of the.......................in the above suit, you are hereby required [personally] to appear before this Court on the............................ day of ............ 20..........., at....................O'clock in the forenoon, and to bring with you [or to send to this Court].

A sum of Rs................, being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908.

GIVEN under my hand and the seal of the Court, this.....................day of................20...............

Judge.

NOTICE.-(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.

(2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be tendered to you for each day's attendance beyond the day specified.

No. 14

PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.)

(Title)

To

WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law : and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons:

This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the..................... day of................ 20......... at..........O'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.

GIVEN under my hand and the seal of the Court, this ............... day of .......................... 20 ....

Judge.

No. 15

PROCLAMATION REQUIRING ATTENDANCE OF WITNESS

(O. 16, r. 10.)

(Title)

To

WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons:

This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the.......day of.............. 20......... at........ O'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.

GIVEN under my hand and the seal of the Court, this...................... day of...........................20

Judge.

No. 16

WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.)

(Title)

To

The Bailiff of the Court.

WHEREAS the witness........................................cited by

........................................has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment................... property belonging to the said witness to the value................... of and to submit a return, accompanied with an inventory thereof, within .....................................days.

Given under my hand and the seal of the Court, this.............. day of................. 20 .............................

Judge.

No. 17

WARRANT OF ARREST OF WITNESS (O. 16, r. 10)

(Title)

To

The Bailiff of the Court.

WHEREAS....................................has been duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); You are hereby ordered to arrest and bring the said..............................before the Court.

You are further ordered to return this warrant on or before the ................ day of........................... 20 ............ with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed.

Given under my hand and the seal of the Court, this................. day of.................. 20

Judge

No. 18

WARANT OF COMMITTAL (O. 16, r. 16)

(Title)

To

The Officer in charge of the Jail at ...............................

WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of...... give evidence (or to produce a document), on the day of ..................................... 20 and whereas the Court has called upon the said.............to furnish such security, which he has failed to do; This is to require you to receive the said...........into your custody in the civil prison and to produce him before this Court at.......................on the said day and on such other day or days as may be hereafter ordered.

GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............

Judge.

No. 19

WARRANT OF COMMITTAL (O 16, r. 18)

(Title)

To

The Officer in charge of the Jail at ..................

WHEREAS..........................., whose attendance is required before this Court in the above-named case to give evidence or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said...................cannot give such evidence (or produce such document); and whereas the Court has called upon the said to..................to-give security for his appearance on the.............................day of................20................, at....................................which he has failed to do; This is to require you to receive the said....... into your custody in the civil prison and to produce him before this Court at......... on the................ day of................ 20

GIVEN under my hand and the seal of the Court, this day of 20

Judge.

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