Summonses (Order-5) Flashcards
(20 cards)
Summons should be accompanied by..
R(2)
Copy Of Plaint
Ordering defendant’s or plaintiff’s personal appearance under rule…
R(3)
Order to appear personally, shan’t be given unless defendant or plaintiff resides within:
R(4)
a) the LJ. or
b) 50 miles (200 miles if 5/6th of that can be covered by public transport)
purpose of summons. Why is the summons for
R(5)
Court shall determine in the summons whether it’s for:
a) settlement of issues, or
b) final disposal of.
Summons shall order the defendant to produce, on the day of appearance,
-docs in his poss. relied upon by him(R7)
-witnesses relied upon by him (R8)
Time for
-issue of summons
-service of summons
-5 WD [ R1 ]
-30 WD [ R9(5) ]
Summons shall be
-issued by, &
-served by
-officer of the court
-proper officer/courier service enlisted
by dj.
Court may, on plaintiff’s application, also order, in addition to service by proper officer, service of summons ( to defendant for appearance) through
-fax, or
-e-mail
by plaintiff at his own cost
R9(3)
DJ shall update the list of courier service and inform it to all the subordinate courts
R9(4)
Court may also deliver a signed and sealed copy of summons to the plaintiff, upon his application, for service of it to the defendant
R(9A)
Different provisions for service of summons
-mode of service
-service to several defendants
- service on def. or on his agent, or
adult family member
-R10,
-R11,
-R12(def personally or agent), R15 (adult family member)
Person served the copy of summons shall sign on the ORIGINAL summons as an acknowledgement of service
R(16)
If defendant or his agent or other person competent to receive the summons
- refuses to sign summons, or
- cannot be found
The serving officer shall:
R(17)
-affix the summons’ copy on some conspicuous part of the house where the defendant RCP, &
-return the original to the court with a report stating that he’s done so, the circumstances thereof, and the person’s name and address (who identified the house and was present when summons was affixed)
after summons served to and signed by the def. properly under R16, the serving officer shall endorse a return, on the original summons, stating :
R18
-time and manner of serving, and
-name and address of person identifying the person served and witnessing the delivery of summons
The serving officer shall (if return not verified by affidavit) and may (if so verified) be examined under oath
R(19)
Declaration by serving officer shall be sufficient proof of the facts as to service or attempt thereof
R(19A)
Summons to defendant residing out of
-jurisdiction
-Bangladesh
summons to be sent
- to the court
within whose juris. the defendant
resides. (R.21)
- via post / courier service (R.25),
& upon application of plaintiff, throug
h e-mail or fax as well.
Service on
-civil public officer, and
-soldier, sailor, airman
Service to
-head of the office, (R.27)
-commanding officer, (R.28)
Substitution of letter for summons
-if the person is of the rank which, if
the court thinks, entitles him of this
special treatment. (R.30)
Substituted service
(R20)
Is given when the court believes that
- def. is keeping away to avoid service. Or
- summons cannot be served in ordin
ary way.
Court shall order the summons to be affixed on conspicuous part of the
-court house, and
-and the house where def. had RCP last time.
