Summonses (Order-5) Flashcards

(16 cards)

1
Q

Summons should be accompanied by..

A

R(2)
Copy Of Plaint

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2
Q

Ordering defendant’s or plaintiff’s personal appearance under order…

A

R(3)

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3
Q

Order to appear personally, shan’t be given unless defendant or plaintiff resides within:

A

R(4)
a) the LJ. or
b) 50 miles (200 miles if 5/6th of that can be covered by public transport)

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4
Q

purpose of summons. Why is the summons for

A

R(4)
Court shall determine in the summons whether it’s for:
a) settlement of issues, or
b) final disposal of.

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5
Q

Summons shall order the defendant to produce, on the day of appearance,

A

-docs in his poss. relied upon by him(R7)
-witnesses relied upon by him (R8)

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6
Q

Time for
-issue of summons
-service of summons

A

-5 WD [ R1 ]
-30 WD [ R9(5) ]

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7
Q

Summons shall be
-issued by, &
-served by

A

-officer of the court
-proper officer/courier service enlisted
by dj.

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8
Q

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

A

R9(3)

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9
Q

DJ shall update the list of courier service and inform it to all the subordinate courts

A

R9(4)

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10
Q

Court may also deliver a signed and sealed copy of summons to the plaintiff, upon his application, for service of it to the defendant

A

R(9A)

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11
Q

Different provisions for service of summons
-mode of service
-service to several defendants
- service on def. or on his agent, or
adult family member

A

-R9,
-R11,
-R12(def personally or agent), R15 (adult family member)

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12
Q

Person served the copy of summons shall sign on the ORIGINAL summons as an acknowledgement of service

A

R(16)

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13
Q

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:

A

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)

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14
Q

after summons served to and signed by the def. properly under R16, the serving officer shall endorse a return, on the original summons, stating :

A

R18
-time and manner of serving, and
-name and address of person identifying the person served and witnessing the delivery of summons

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15
Q

The serving officer shall (if return not verified by affidavit) and may (if so verified) be examined under oath

A

R(19)

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16
Q

Declarartion by serving officer shall be sufficient proof of the facts as to service or attempt thereof