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Section 2

Subs. by s. 94, ibid. (w.e.f. 1-2-1977).

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2. Subs. by s. 94, ibid. (w.e.f. 1-2-1977). No. 5 NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF (O. 1, r. 10) (Title) To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] WHEREAS.........................has instituted a suit against.........................for..............................and whereas it appears necessary that you should be added as plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved. Take notice that you should on or before the .................. day of ........................ 20, signify to this Court whether you consent to be so added. Given under my hand and the seal of the Court, this ................. day of ...................... 20 Judge. No. 6 SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) (Title) T o WHEREAS the plaintiff .................... ...........instituted a suit in this Court on the… ..........................day of.............../20....against the defendant........ who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said, .. deceased, and desiring that you be made the defendant in his stead; You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., at …………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence. Given under my hand and the seal of the Court, this ................. day of ...................... 20 Judge. No. 7 ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT (O. 5, r. 21) (Title) WHEREAS it is stated that ................................ ................................................... ............. defendant in the above suit is at present residing in........ .................................................. witness It is ordered that a summons returnable on the ....................day of...........................20....... , be forwarded to the ..............Court of ................for service on the said defendant/witness............ with a duplicate of this proceeding. The court-fee of ............. chargeable in respect to the summons has been realised on this Court in stamps. Dated ........................20 ......... J u d g e . No. 8 ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER (o. 5, r. 25.) (Title) T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Superintendent of the Jail at.................. ................................................... ................................... ............................................. .... ................................................... ................................................... ... Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is here with forwarded for service on the defendant.................. who is............... a prisoner in jail, You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge. No. 9 ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER (O. 5, rr. 27, 28.) (Title) T o UNDER the provisions of Order V, rule 27 (or 28, as the case may be) , of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant…………….who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge. N o . 1 0 TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT (O. 5, r. 23.) (Title) Read proceeding from the .................. forwarding ................ for service on ................... in Suit No. ...............................Of...............20 ........... of that Court. Read Serving Officer's endorsement stating that the.....................and proof of the above having been duly taken by me on the oath of............................ and.................................it is ordered that the...............be returned to the.............with a copy of this proceeding. Read proceeding from the .................. forwarding ................ for service on ................... in Suit No. ...............................Of...............20 ........... of that Court. Read Serving Officer's endorsement stating that the.....................and proof of the above having been duly taken by me on the oath of............................ and.................................it is ordered that the...............be returned to the.............with a copy of this proceeding. Judge. NOTE .—This form will be applicable to process other than summons, the service of which may have to be effected in the same manner. No. 11 AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE (O. 5, r. 18.) (Title) The affidavit of ...................................... , son of ..................................... ................................................... ........... I.................................................. ................................................... .......................make oath affirm and say as follows :— I am a process-server of this Court. On the day of......................................20...........I received a summons notice issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated the day of ..........20..........., for service on The said...............was at the time personally known to me, and I served the said Summons notice him On the ..........day of........20........, at about....................O’clock in the ............ .... her ................noon at......................by tendering a copy thereof to him and requiring her her His Signature to the original notice (a) (b) (a) Here state whether the person served signed or refused to sing the process, and in whose presence. (b) Signature of process-server. or, The said........................not being personally known to me.............accompanied me............to and pointed out to me a person whom he stated to be the said......., and I served the said..... summons notice on Him on the ......................day of...................20......., at about...............o’clock in the .......... her noo n at.....by tendering a copy thereof to him and requiring him Signature to the original summon her her notice (a) (b) (a) Here state whether the person served signed or refused to sing the process, and in whose presence. (b) Signature of process-server. or, The said.............and the house in which he ordinarily resides being personally known to me, I went to the said house, in ................and thereon the .................day, of ......................19 at about.......................o’clock in the...............noon , I did not find the said............ ........ (a) (b) (a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17. (b) Signature of process-server. or, One...........accompanied me to....................and there pointed out to me which he said was the house in which......................ordinarily resides. I did not find the said...............there. (a) (b) (a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17. (b) Signature of process-server. or, If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn by the said....................................... ................................................... ..................before me affirmed this......................................................day of..................20.............. Empowered under section 139 of the Code of Civil Procedure, 1908, to administer the oath to deponents. No. 12 NOTICE TO DEPENDANT (O. 9, r. 6.) (Title) To................................................. ........ [Name, description and place of residence.] WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the................... day of..........................20....................................is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this .........................day of ............... 20...... . Judge. No. 13 SUMMONS TO WITNESS (O. 16, rr. 1, 5.) (Title) To................................................. ........ WHEREAS your attendance is required to..................... ................................................... ........................ on behalf of the................................... ................................................... .....................................in the above suit, you are hereby required [personally] to appear before this Court on the................................... day of ............ 20..........., at....................O’clock in the forenoon, and to bring with you [or to send to this Court]. A sum of Rs................, being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908. GIVEN under my hand and the seal of the Court, this............................day of.....................20............... Judge. NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid. (2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be tendered to you for each day's attendance beyond the day specified. No. 14 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.) (Title) To WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law : and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons : This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the..................... day of................ 20......... at..........O'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN under my hand and the seal of the Court, this ............... day of .......................... 20 .... Judge. No. 15 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.) (Title) To WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the.......day of.............. 20......... at........ O'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN under my hand and the seal of the Court, this........................... day of......................................20 Judge. No. 16 WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.) (Title) To The Bailiff of the Court. WHEREAS the witness....................................... ................................................... ................................cited by ................................................... ................................................... ..............................has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment................... property belonging to the said witness to the value................... of and to submit a return, accompanied with an inventory thereof, within .....................................days. Given under my hand and the seal of the Court, this.................................. day of............................. 20 ........................................ Judge. No. 17 WARRANT OF ARREST OF WITNESS (O. 16, r. 10) (Title) T o The Bailiff of the Court. WHEREAS.............................................. ................................... has been duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); You are hereby ordered to arrest and bring the said ................................................... ................before the Court. You are further ordered to return this warrant on or before the ................ day of.............. .............