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    Usman Sehar G
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    Summons must be served personally to the defendant, who must sign an acknowledgment of receipt. Failure to comply with summons requirements can result in dismissal of the applicant's suit or ex-parte proceedings against the defendant. Exceptions exist to the general service rule if there is evidence the defendant received, read, and understood the summons content, in which case technical non-compliance may be overlooked.

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    Summons must be served personally to the defendant, who must sign an acknowledgment of receipt. Failure to comply with summons requirements can result in dismissal of the applicant's suit or ex-parte proceedings against the defendant. Exceptions exist to the general service rule if there is evidence the defendant received, read, and understood the summons content, in which case technical non-compliance may be overlooked.

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    6 views2 pages

    Presentation CPC

    Uploaded by

    Usman Sehar G
    Summons must be served personally to the defendant, who must sign an acknowledgment of receipt. Failure to comply with summons requirements can result in dismissal of the applicant's suit or ex-parte proceedings against the defendant. Exceptions exist to the general service rule if there is evidence the defendant received, read, and understood the summons content, in which case technical non-compliance may be overlooked.

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    © All Rights Reserved
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    Order V. Rule 10
    ORDER V RULE 05
    • 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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