📨 Short Notes on Summons in Civil Procedure Code & Limitation Act
1. Meaning of Summons
A Summons is a legal document issued by a court requiring a person to appear before it, either to answer a claim or as a witness. It ensures due process and provides the defendant an opportunity to present their case.
2. Relevant Provisions under CPC
- Order V CPC – Deals with the issue and service of summons.
- Rule 1 – Requires issuance of summons to the defendant to appear and answer the claim.
- Rule 9-30 – Lay down procedures for service of summons (personal, substituted, by post, email, etc.).
3. Types of Summons
- Summons to Defendant – To appear and file written statement.
- Summons to Witness – To give testimony or produce documents.
- Summons in Execution Proceedings – For appearance of judgment debtor.
4. Modes of Service
- Personal delivery (Dasti)
- Registered post with acknowledgment
- Electronic means (Email, WhatsApp, etc.)
- Substituted service (e.g., newspaper publication)
5. Limitation Act, 1963 and Summons
While the Limitation Act does not directly define rules for summons, the date of service of summons is critical to:
- Determine the starting point for filing the written statement (usually within 30 days from service).
- Calculate the limitation for further procedural steps (e.g., appeals).
✅ Note:
Proper and timely service of summons is essential for fair trial and enforcement of justice. If summons is not served properly, the proceedings may be set aside.
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