Order V of the Civil Procedure Code

(Rules 6-10)
Civil Procedure Code - 1

Formatted and compiled by:

• Introduction (Bareera –
009)
• Rule 6 (Usman Ali – 042)
• Rule 7 (Mubashir
Mushtaque – 024)
• Rule 8 (Maham Gul -020)
• Rule 9 (Ammara Shahzad
- 007)
• Rule 10 (Saad Saleem -
081)
 Introduction

• What does Order 5 deal with?

Definition of summons
The maxim of ‘audi alteram partem’
The importance of a summons/ purpose of summons
The nature of Order 5
What happens when an individual refuses to comply
with a summons?
 Order V, Rule 6
● Fixing the day of appearance of defendant.
● Current business of the Court.
● Place of Residence of the defendant.
● Time for service of the summons.
● Sufficient time to enable the defendant to appear and present his case.
Objective of this Rule.
● Case Law
Kauser Bibi vs Bilal Akhtar

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 Order V, Rule 7

• Summons To Order Defendant To Produce Documents

All Documents On Which He Bases His Defense
If Not In Possession Then What?
• Non Production Of Documents At Initial Stage
(PLD 2006 Karachi 58)
First Hearing (Order 8 Rule 1)
Still No Submission?
Cannot Be Used As Evidence Until Good Cause

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 Order V, Rule 8

• Where the summons is for the final disposal of the suit, it shall also
direct the defendant to produce, on the day fixed for his appearance, all
witnesses upon whose evidence he intends to relay in support of his
case.
What does the term FINAL DISPOSAL mean?
Rule 8 states the Innard of a valid summon.
CASE LAW:
The Sudershan Devi & others Vs Sushila Devi & others
[1999] 4 LRI 993

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 Order V, Rule 9

▪ Delivery or transmission of summons for service.

Service by the court
Service by proper officer
CASE LAW: RAZIA SULTANA versus CHAIRMAN, EVACUEE
TRUST PROPERTY BOARD
The object of service on defendant is to enable him to resist should he
so desire. Purpose behind effecting service on a party being
proceeded against is not a formality but a requirement of law inform
the person about proceedings pending before a Court.

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 Order V, Rule 10
▪ Service of Summon-most important subject of procedural law.
Consequences: The non-compliance of summon issued to the applicant can
result in dismissal of suit and non-compliance of summons served to defendant
can result in ex-parte proceeding.
Summons should be served personally to the defendant which has to sign on the
same with an acknowledgment to the effect that summon has been received.
Provision of Mandatory Nature.
Exceptions to the general rule.
If there is some sort of evidence that defendant has received, read and
understood the content of summon, there is no need of sticking to very technical
view of service of summon and it can be considered that summon has been duly
served
Case Law: National Bank of Pakistan v. Home Aid Corporation [PLD 1989 Lah.
213].

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 Conclusion

▪ Order 5 of the Code of Civil Procedure, 1908 specifically deals with the
issue and service of summons to the defendant. It provides various
rules related to the issuance of summons and their modes of service.
▪ It also provides the scenario as to what will happen if a person refuses
the summons. The defendant has also been given the opportunity to
raise the objections to the summons if any at the earliest or else it will
be waived

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Thank You!

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