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Report No. 77

5.3. Order 5, rule .-

Summonses for settlement of issues and summons for final disposal.-Attention in this connection may be invited to the provisions of Order V, rule 5 of the Code of Civil Procedure, according to which the court shall determine, at the time of issuing summon, whether it shall be for settlement of issues only or for the final disposal of the suit, and the summons shall contain a direction accordingly.

It would therefore, follow that except in cases where the summons is issued for the final disposal of the suit, the summons shall be for the settlement of issues. Such settlement of issues can take place only if the written statement is filed. It is, therefore, implicit in a summons for the settlement of issues that the written statement be filed on the dale of hearing after service of the defendant.

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