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C.P.C.1908 ORDER 5,6,7-Converted2581190
C.P.C.1908 ORDER 5,6,7-Converted2581190
C.P.C.1908 ORDER 5,6,7-Converted2581190
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Forms and Essentials
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Every summons shall be signed by the judge and shall be
sealed with the seal of the court, and must be accompanied
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by a plaint .Every summons should be in the forms as
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prescribed in
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appendix B to the first schedule of the code.
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Content of Summons
3. Court may order defendant or plaintiff to appear in
person.—(1) Where the court sees reason to require the
personal appearance of the defendant, the summons shall
order him to appear in person in Court on the day therein
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specified. (2) Where the Court sees reason to require the
personal appearance of the plaintiff on the1Fsame9D0F
day, it shall
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make an order for such appearance
. R(4). No party to be ordered to appear in person unless
resident within certain limits.—No party shall be ordered to
appear in person unless he resides— (a) within the local
limits of the Court's ordinary original jurisdiction, or (b)
without such limits but at place less than fifty or (where
there is railway or steamer communication or other
established public conveyance for five-sixths of the distance
between the place where he resides and the place where the
Court is situate) less than two hundred miles distance from
the court-house.
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The court shall determine whether the date fixed is for
settlement of issues only or for final disposal of the suit and
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should contain direction regarding that. If it is for the final
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disposal of the suit then defendant should be directed to
produce his witness .The court would also specify fixed time
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as to allow the defendant with sufficient time to appear and
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answer the claims made by the plaintiff against him. The
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summons
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should also contain an order to the defendant to
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produce all documents or copies thereof in his possession or
power upon which he intends to rely on in support of his
case.
Modes of Service of Summons Issue of summon and
delivery
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acknowledgment due or by speed post or by such courier
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services as are approved by the High Court or by the above
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mentioned Court or by any other means of transmission of
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documents (including fax message or electronic mail service)
provided by the rules made by the High Court
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noted that the service of summons under this
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sub-rule shall be made at the expenses of the plaintiff.
21. Service of summons where defendant resides within
jurisdiction of another Court.—A summons may be sent by
the Court by which it is issued to any Court having jurisdiction
in8P1Othe place where the defendant resides.
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In central electricity regulatory commission v. national
hydroelectric power corporation ltd. Supreme court of India
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gave assent to the service of notice via email but in addition
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Service by plaintiff
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to the copy of the notice to be sent through post.
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9A. Summons given to the plaintiff for service.—(1)
The Court may, T
on the application of the plaintiff
in addition to the service of summons under rule 9
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permit such plaintiff to effect service of such summons on
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10. Mode of service.—Service of the summons shall be made
by delivering or tendering a copy of the summons sealed and
signed by the court.
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11. Service on several defendants.— where there are more
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defendants 1Qthan
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on each defendant.
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one, service of the summons shall be made
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12. Service to be on defendant in person when practicable,
or on his agent who is empowered such service shall be
sufficient.
13. In a suit relating to any business or work where
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defendant does not reside within the local limits of the
jurisdiction of the Court, service on 1Fagent 9D0F
by whom
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defendant carries on business shall be deemed good service.
14. Service on agent in charge in suits for immovable
property.— Where in a suit to obtain relief respecting, or
compensation for wrong to, immovable property, service
cannot be made on the defendant in person, and the
defendant has no agent empowered to accept the service, it
may be made on any agent of the defendant in charge of the
property.
15. Where service may be on an adult member of
defendant's family.— Where the defendant is absent from
his residence at the time when the service of summons is
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sought to be effected and there is no likelihood of his being
found at the residence within a reasonable time and he has
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no agent empowered to accept service of the summons on
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his behalf, service may be made on any adult member of the
family, whether male or female, who is residing with him.
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Explanation. —A servant is not a member of the family within
the meaning
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16. Person served to sign acknowledgement.— Where the
serving officer delivers or tenders a copy of the summons to
the defendant personally, or to an agent or other person on
his behalf, he shall require the signature of the person to
whom the copy is so delivered or tendered to an
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acknowledgment of service endorsed on the original
summons.
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there is no likelihood of his being found at the residence
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within a reasonable time and there is no agent empowered
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other person on whom service can be made
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to accept service of the summons on his behalf, nor any
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the serving officer shall affix a copy of the summons on
the outer
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in which the defendant ordinarily resides or carries on
business or personally works for gain, and shall then return
the original to the Court from which it was issued, with a
report of such affixation , the circumstances under which he
did so, and the name and address of the person (if any) by
whom
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serving officer on oath, or cause him to be so examined by
another Court, touching his proceedings, and may make such
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further enquiry in the matter as it thinks fit; and shall either
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20. Substituted service.—(1) Where the Court is satisfied that
the defendant
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is avoiding service, or
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that for any other reason the summons cannot be served in
the ordinary way,
the Court shall order the summons to be served by affixing a
copy thereof in some conspicuous place in the Court-house,
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upon some conspicuous part of the house in which
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the defendant is known to have last resided or carried on
business or personally worked for tr-gain, or0F in such other
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AMENDMENT OF PLEADING
PLEADINGS: Pleadings are statement in writing delivered by
each party alternately to his opponent, stating what his
contentions will be at the trial, giving all such details as his
opponent needs to know in order to prepare his case in
answer. It is an essential requirement of pleading that
material fact and necessary particulars must be stated in the
pleadings and the decisions cannot be based on the grounds
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outside the pleadings. But many a time the party may find it
necessary to amend his pleadings before or during the trial of
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the case. O6R17 provides for Amendment of pleading.
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Or. 6 R. 17 : Amendment of Pleadings : The Court may at
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any stage of the proceedings allow either party to alter or
amend his pleadings in such manner and on such terms as
may be
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just, 9Pand
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0T all such amendments shall be made as may
be necessary for the purpose of determining the real
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questions in controversy between the parties: Provided that
no application for amendment shall be allowed after the trial
has commenced, unless the Court comes to the conclusion
that in spite of due diligence, the party could not have raised
the matter
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In the year 1999, the Legislature, on the
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recommendation of Jus. Malimath Committee, with a view to
avoid delay and to ensure expeditious disposal of suits,
deleted the Rule 17 from Or. 6 of C.P.C. Later in the year
2002, the Legislature reconsidered the objections of lawyers
and public at large in deleting the Rule 17 from Or. 6 C.P.C.
and restored the same with introduction and insertion of the
afore said proviso to the Rule 17.
In Salem Advocate Bar Association, Tamil Nadu V. Union
of India & Ors., (2005) 6 SCC 344, the Supreme Court has held
that the object of adding the proviso is to prevent frivolous
applications which are filed to delay the trial
Interpretation of Rule 17 of Order 6 CPC. The rules of
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interpretation to be followed in interpreting this provision
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are very simple. The provision can be divided into two parts.
The first part is discretionary (“may”) and gives wide and
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unfettered discretion to decide on case to case basis
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whenever it appears to be just. The court may or may not
allow the amendment to the proceeding for determining the
real questions
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amendment to proceedings is not a right; rather it is in the
discretion of the court. However, the court must exercise the
discretion applying the judicial mind according to the well-
established principles.
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CARDINAL TEST : The cardinal test for deciding an
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application for amendment is that :
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(i)
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Whether the amendment is necessary for the
determination of the real question in controversy.
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to other side.
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a) Where it is not necessary to determine the real
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question in controversy,
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b) Introducing totally different, new and
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inconsistent case or changes the fundamental
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character of the suit or defence.
c) Where the effect of the proposed amendment is
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take
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RETURN OF PLAINT
a. Introduction
b. Meaning of jurisdiction and types
c. Object
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d. O7R10
e. O7R10A
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f. Order appealable or nottr-2J5D8D1F1F
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Radhakishen v. Wali Mohammed
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