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 19...., 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, that………. day of……….19……….

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.

HIGH COURT AMENDMENTS

Allahabad.—In Appendix ‘B’, to the First Schedule to the Code of Civil Procedure, 1908, after Form No. I the following Form shall be inserted.

“FORM NO. 1-A

SUMMONS/NOTICE FOR SERVICE BY ADVERTISEMENT IN A NEWSPAPER

(O. V, RULE 20, C.P.C.)

(TITLE)

To

............................ (Name and address)

Where…………. has instituted the above Suit/filed an application, against you for………

you are hereby summoned to appear in this Court in person or by a pleader on the day of ………….of 19………., at O’clock, to answer the same, failing which the suit/application will be disposed of ex parte.

Given under may hand and the seat of the Court, this……….day of……….19…….

Judge.

[Vide Noti. No. 527/VIII-b-9, dated 27th October, 1986].

Andhra Pradesh.—Same as by the Madras High Court.

Bombay.—Add the following note in Form No. 1.

Notice.—Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence stuck out. [Vide P. O. 102/77 dated 15th September 1983 (w.e.f 1-10-1983)].

Calcutta.—Insert the following new Form IA. -

NO. 1A:SUMMONS TO DEFENDANT FOR ASCERTAINMENT WHETHER THE SUIT WILL BE CONTESTED (ORDER V, RULES 1 AND 5)

(TITLE)

To

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

Whereas…………. has instituted a suit against you for………. you are here by summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating the suit on the day of ……..19…… at….. O’clock in the…… noon in order that on that day you may inform the Court whether you will or will not contest the claim either in whole or in part and in order that in the event of your deciding to contest the claim either in whole or in part, directions may be given to you as to the date upon which your written statement is to be filed and the witness or witnesses upon whose evidence you intend to rely in support of your defence are to be produced and also the document or documents upon which you intend to relay.

Take notice that, in default of your appearance on the day before mentioned the suit will be heard and determined in your absence and take further notice that in the event of your admitting the claim either in whole or in part the Court will forthwith pass judgment in accordance with such admissions.

Given under may hand and the seal of the Court this day of………. 19……….

Seal.

judge.

Notice.—If you admit the claim either in whole or in part you should come prepared to pay into Court the money due by virtue of such admission together with the costs of the suit to avoid execution of any decree which may be passed against you person or property, or both.”[2-5-8-1927].

Gauhati.—As by the Calcutta High Court.

Karnataka.—As by the Madras High Court. [30-3-1967].

Kerala.—As by the Madras High Court. [9-6-1959].

Madras.—Add the following new Form 1A.

NO. 1A

SUMMONS FOR ASCERTAINING WHETHER AS SUIT IS CONTESTED OR NOT AND IF NOT CONTESTED FOR ITS IMMEDIATE DISPOSAL

(ORDER V, RULES 1 AND 5)

(TITLE)

To

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

Whereas has instituted a suit against you………. you are hereby summoned to appear in this Court in person or by a pleader duty 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 and to state whether you con test or do not contest the claim and, if you contest, to receive directions of Court as to the date on which you have to file the written statements, the date of trial and other matters.

Take notice that in the event of the claim not being contested the suit shall be decided at once.

Take further notice that in default of your appearance on the day and hour before mentioned, the suit will be heard and determined in your absence.

Given under may hand and the seal of the Court, this day of ………19……..

Seal.

Judge.

Notice.—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.”

[P. Dis. No. 7 of 1927]

No. 2

SUMMONS FOR SETFLEMENT OF ISSUE (0. 5, f r. 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………. 19…., 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 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 claim for set-off or counter-claim, you shall enter such documents in a list to be 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 may hand and the seal of the Court, this………day of……..19…..

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.

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

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 arc hereby summoned to appear in this Court in person on the…….. day of …….. 19...., 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 may hand and the seal of the Court, that………day of……19….. .

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 37 of the Code of Civil Procedure, 1908, for Rs……….. and interest, you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof, in default whereof 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 serve upon you a summons for judgment at the hearing of which you will be entitled 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 a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.

GIVEN under may hand and the sea] of the Court, this……. day of……. 19….. .

Judge.]

HIGH COURT AMENDMENT

Bombay.—Substitute the following form for the existing Form No. 1 in Appendix B :

1. Subs by Act 104 of 1976. sec. 94, for Form No. 4 (w.e.f. 1-2-1977).

NO. 4

SUMMONS IN A SUMMARY SUIT

(ORDER 37, RULE 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 make an application within 30 days from the service hereof, for leave to defend the suit in default where of the plaintiff will be entitled at any time after the expiration of such 30 days to obtain a decree for any sum not exceeding the sum of Rs. ……….and the cost of the suit together with such interest , if any, as the Court may order. Leave to defend may be obtained on an application to the Court supported by affidavit disclosing facts as may be sufficient to satisfy the Court that you are entitled to defend the suit.

GIVEN under may hand and seal of the Court, this……..day of…….. 19.... .

Judge.

Notice.—Take notice that in default of your filing an address of service along with your application for leave to defend, the said application will be liable to be rejected.” [Vide P. O./102/77, dated 15th September, 1983 (w.e.f. 1-10-1983)].

1 [No. 4A

SUMMONS FOR JUDGMENT IN A SUMMARY SUIT

(O. 37, R. 3)

(Title)

In the……….Court, at ……… Suit No. ………. of 19……. .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 …………19…., 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.

Dated the ………day of 19..... .

HIGH COURT AMENDMENT

Bombay.— Delete Form 4A. [Vide P.O. 102/77, dated 15th September, 1983 (w.e.f. 1-10.1983)].

1. Ins. by sec. 94, Act 104 of 1976, (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 the above suit against ………….for…………

and, whereas it appears necessary that you should be added as a 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 …….. 19 …..,signify to this Court whether you consent to be so added.

Given under my hand and the seal of the Court, this……….day of …….19 ……

Judge.

HIGH COURT AMENDMENT

Bombay.— Add the following note in Form No. 5.

Notice.— Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out. [Vide P. O./102/77, dated 15th September, 1983 (w.e.f. 1-10-1983)].

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………. 19...., 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……….

19…… , 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 ……..19…. 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/ witness in the above suit is at present residing in ………….: It is ordered that a summons returnable on the………. day of …… 19 ….. ,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 in this Court in stamps.

Date ……… 19 …….

Judge.

No. 8

ORDER FOR TRANSMISSION OF SUMMONS 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 herewith 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 statement of service endorsed thereon by you.

Judge.

HIGH COURT AMENDMENTS

Andhra Pradesh.— Same as in Madras High Court [29-8-19571.

Madras.— In the heading for the words “Public Servant” substitute the words, Public Officer”

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 19…… 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.

HIGH COURT AMENDMENTS

Allahabad.— Form No. 10 cancelled. [24-8-1918].

Bombay.— In Appendix B, for the existing Form No. 10, substitute the following as Form No. 10. -

No. 10

To ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT

(ORDER V, RULE 23)

(TITLE)

Read proceeding from the……… forwarding for service on…………….. in Suit No……..of 19 ……..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.

I hereby declare that the said summons on …………has been duly served.

Judge.

Note — This form will be applicable to process other than summons, the service of which may to be effected in the same manner. [Vide P.O./102/77, dated 15th September, 1983 (w.e.f. 1-10-1983)].

Calcutta.—

(i) In the heading after “summons” insert or notice.”

(ii) After the words "proof of the above having been taken by me on the oath of' insert the words "(or proof of the above having been duly made by the declaration of…….)”

Gauhati.— As in Calcutta High Court.

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) the …….. day of ……… 19..… I received a summons/notice issued by the Court of ………….. in Suit No…….. of 19…… , in the said Court, dated the …………day of ………..19……., for service on……………. .

(3) The said……….was at the time personally known to me, and I served the said summons/notice on him/her on the………… day of……… 19…….., at about…….. O’clock in the……. noon at…….. by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice

(a)

(b)

(a) Here state whether the person served, signed or refused to sign 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………..19...., at about …… O’clock in the noon at………………by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice.

(a)

(b)

(a) Here state whether the person served, signed or refused to sign 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) 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 this……………………………….. day of............... 19…. .

Empowered under Section 139 of the

Code of Civil Procedure, 1908, to

administer the oath to deponents.

HIGH COURT AMENDMENT

Calcutta.—Substitute the following for the existing Form No. 11. -

No. 11

DECLARATION OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OF NOTICE

(ORDER V, RULE 18)

(TITLE)

I......................... a process-server of this Court, declare:

(1) On the……… day of…………19, 1 received a summons/notice issued by the Court of. …………in suit No……………… of 19, in the Court dated ………….day of………… 19, for service on………..

(2) The said…….. was at the time personally known to me, and I served the summons/notice on him/her on the…………. day of……….. 19...., at about ……….O’clock in the noon at ……….by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice.

(a)

(b)

(a) [Here state whether the person served, signed or refused to sign the process and in whose presence].

(b) [Signature of process-server].

or,

(2) The said ……………not being personally known to me……….. 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 ………….19, at about …………..O’clock in the noon at ……………by tendering a copy thereof to him/her and requiring his/her signature………… to the original summons /notice.

(a)

(b)

(a) [Here state whether the person served, signed or refused to sign the process and in whose presence].

(b) [Signature of process-server].

or,

(2) The said ………… and the house in which he ordinarily resides being personally known to me, I went to the said house, in………… and there on the day of ………. 19………. at about O’clock in the ………..noon, I did not find the said……..

(a)

(b)

(a) [Here state whether the person served, signed or refused to sign the process and in whose presence].

(b) Signature of process-server.

or,

(3) The said………. not being personally known to me ……….. accompanied to………. and pointed out to me a person whom he stated to be the said and I served the said summon/notice on him/her on the………. day of 19..…., at about ……….O'clock in the ………..noon at………… by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice.

(a)

(b)

(a) Here state whether the person served, signed or refused to sign 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 know to me/pointed out to me by.

I went to the said house in………and there on the………day of ….19….. ,at…………O’clock in the force/after noon I did not fine and said…….I enquiry after.

(a) neighbours

(b)

I was told that…………….. had gone to…………………. and would not be back till……………………………………..

Signature of process-server

or,

(3) 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 this……………………… day of …….. 19.....

Empowered under Section 139 of the Code of Civil Procedure, 1908 to administer the oath to deponents”[12-5-1909].

No. 12

NOTICE TO DEFENDANT

(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 fr6m 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 sufficing; 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 ………19.…., is now fixed for the hearing of the same; in default of your appearance on the 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……….19.....

Judge.

HIGH COURT AMENDMENTS

Andhra Pradesh. —Same as by the Madras High Court.

Madras.—After Form No. 12, insert the following new Form 12A. -

No. 12-A

NOTICE TO THE PROPOSED GUARDIAN DEFENDANT OF A MINOR

(ORDER XXXII RULES 3 AND 4)

(TITLE)

To

[Name, description and place of residence of proposed guardian.]

Take notice X plaintiff/appellant in……… has presented a petition to the Court praying that you be appointed guardian ad litem to the minor ………..defendant (s)/respondents (s) and that the same will be heard on the day ………..19…… .

2. The affidavit of X has been filed in support of this application.

3. If you are willing to act as guardian for the said defendants(s)/respondents(s) you are required to sign (or affix your mark to) the declaration on the back of this notice.

4. In the event of your failure to signify your express consent in manner indicated above, take further notice that the Court may proceed under Order XXXII, Rule 4, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of defendants(s)/respondents(s) the minor aforesaid.

Dated the day of ………. 19…… .

(Signed)

(To be printed on the reverse),

I hereby acknowledge receipt of a duplicate of this notice and consent to act as guardian of the minor respondents(s)/defendants(s) therein mentioned.

(Signed) Y, Z”

Witnesses:

1

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