To all of you in today’s article Order 5 Rule 1 Summons of the Code of Civil Procedure, 1908 I am going to tell about Many types of questions may be arising in your mind regarding summons such as :-
- What is a summons?
- Who issues the summons?
So we will know the answers to all these questions in detail.
1. What is a summons?
In order 5 rule 1 of the Code of Civil Procedure, 1908, a provision has been made regarding the issue of summons, where the suit has been filed by the plaintiff, then the respondent is informed by the summons that he will be given notice in writing in the summons to the court. Appear on the appointed date and file your written reply claim in respect of the suit filed in your defence.
simple words Summons in court is such a judicial legal document, which, on the filing of a suit by the plaintiff in the Court of Practice, is issued to the defendant of the suit for his place of residence, so that the defendant on the basis of the information related to the suit mentioned in the summons. appear on the fixed date, file a written reply to his defense claim in respect of that suit.
A copy of the plaint shall be attached to the summons, which shall be received by the defendant, according to this plaint, the defendant shall file his written reply claim through his advocate before the appointed court on the due date.
This summons is sent by the plaintiff through the court at his cost. The prescribed amount of summons has to be deposited in the court.
Who issues the summons?
On the filing of the suit, after the plaintiff has deposited the prescribed amount of summons in the court, the summons is issued by the court to the opposition of the suit, which is the defendant / respondent’s residence.