Report No. 163

Order V

Issue and Service of Summons

Issue of Summons

1. Summons.- (1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim on a day to be therein specified:

Provided that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiffs claim:

Provided further that where a summons has been issued, the Court may direct the defendant to file the written statement of his defence, if any, on the date of his appearance and cause an entry to be made to that effect in the summons.

2. Copy or statement annexed to summons.- Every summons shall be accompanied by a copy of the plaint or, if so permitted, by a concise statement.

*

*

*

*

6. Fixing day for appearance of defendant.- The day for the appearance of the defendant shall be fixed with reference to the current business of the Court, the place of residence of the defendant and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day.

7. Summons to order defendant to produce documents relied upon by him.- The summons to appear and answer shall order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case.

*

*

*

*