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Report No. 54

Chapter 52

Forms

Introductory

52.1. The various Appendices to the Code contain a number of forms. We shall deal in this Chapter with such of them as require amendment.

Appendix B-Form No. 2

52.2. In the Commission's 14th Report,1 a recommendation was made that instead of a separate order requiring the defendant to file a written statement, the summons by which the plaint is served on the defendant should itself require him to file a written statement within a specified time. The Commission, in its Report on the Code,2 did not consider such an amendment to be useful; but we think that it would be useful, as likely to reduce delay.

1. 4th Report Vol. I.

2. 27th Report, para. 25.

Recommendation

52.3. We, therefore, recommend that the necessary amendment should be made for that purpose Appendix B. Form No. 2 should be revised, as follows-

"No. 2

Summons for Settlement of Issues

(Order 5, rules 1 and 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 who is 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...........19 at........o'clock in the...........noon, to answer the claim: and you are hereby further directed to file on that day a written statement of your defence, and to produce on the same day all documents in your possession or power upon which you base your defence or 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 set-off or counter-claim, you shall enter such documents in a list to be added or annexed to the written statement.

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..........19...........

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."

Appendix B-Form No, 4

52.4. We recommend1 that for the existing Form No. 4 in Appendix B, be substituted as Form No. 4:-

"No. 4

Summons in Summary Suit

(Order 37, rule 2)

(Title)

To

(Name, description and place of residence).

Whereas........has instituted a suit against you under Order 37 of the Code of Civil Procedure, 1908, for Rs.........and interest, you are hereby summoned within ten days from the service hereof, to cause an appearance to be entered for you, in default whereof the plaintiff will be entitled after the expiration of such 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 summon for judgment at the hearing of which you will be entitled to ask 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 a 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 19.

Judge..........."

1. This is consequential on the change proposed to Order 37, rule 2.

Appendix B-Form No 4A (New)

52.5. We recommend2 that after Form No. 4 in Appendix B the following form be inserted-

"No. 4A

Summons for Judgment in Summary Suit

(Order 37, rule 3)

(Title)

In the.......Court, at........suit No.......of 19......

XYZ.................................................Plaintiff

Versus

ABC.................................................Defendant

Upon reading the affidavit of (the plaintiff or as may be).

Let all parties concerned attend the (Judge or Civil Judge, as may be) on..........day the.........day of..........19.............at..........o'clock in the noon on the hearing of an application on the part of the plaintiff that he be at liberty to sign the judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs..........for.........and interest and costs.

Dated the.........day of.........19.........This summons was taken out by Pleader for...........".

1. This is consequential on the change proposed to Order 37, rule 3.



The Code of Civil Procedure, 1908 Back




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