Summons for Disposal of Suit

📜 SUMMONS FOR DISPOSAL OF SUIT

A summons is a formal legal notice issued by a court to a party, requiring their appearance before the court at a specified date and time.

Specifically, a Summons for Disposal of Suit is issued to the defendant to appear and answer the plaint after the suit is instituted.

It is the first step in the judicial process that notifies the defendant of the suit filed against them.

The issue of summons is governed primarily by:

Order V, Rule 1 and 2 of the CPC (Service of summons).

Section 27 of CPC (Summons to be served).

Section 29 of CPC (Mode of service).

To bring the defendant before the court.

To give the defendant notice of the suit and an opportunity to defend.

To initiate the adversarial process in civil litigation.

Ensures that the defendant is aware of the plaintiff’s claims.

Summons to Defendant: To appear and file written statement.

Summons to Witnesses: To appear and give evidence.

Summons to Produce Documents: To produce relevant documents.

The summons must be served personally on the defendant unless the court allows otherwise.

If the defendant is absent, the summons can be served by:

Leaving it at their residence or place of business.

Through substituted service if permitted.

Proper service of summons is mandatory for the court to acquire jurisdiction over the defendant.

If the defendant is not properly served, the court may not proceed ex parte.

Improper service may lead to setting aside ex parte decrees.

The suit may be dismissed for non-prosecution if the defendant does not appear despite proper service.

The summons initiates the process leading to disposal of the suit.

After summons, if the defendant appears and files a written statement, the suit proceeds through trial.

If the defendant does not appear, the court may pass an ex parte decree.

The suit is disposed of by:

Final decree after trial.

Settlement or compromise.

Ex parte decree if defendant absent.

The Supreme Court held that service of summons is essential for the court’s jurisdiction over a defendant.

Without proper service, any decree passed would be void.

It was held that the court must ensure the summons is served properly to safeguard the defendant’s right to be heard.

Emphasized the importance of summons in giving notice and ensuring fair trial.

Aspect	Explanation
Definition	Notice issued by court to defendant to appear and answer suit
Purpose	To give notice and ensure defendant’s presence
Legal Basis	Order V, Rule 1 & 2; Sections 27 & 29, CPC
Mode of Service	Personal service preferred; substituted service allowed
Effect of Non-Service	Court lacks jurisdiction; decree may be void
After Summons	Defendant appears → WS filed → Trial → Disposal