Understanding the Purpose and Essentials of Civil Summons in Legal Cases
Civil summons play a crucial role in legal proceedings by ensuring that all parties have a fair chance to defend themselves. This document dives into the definition, purpose, and essential components of summons in civil cases, shedding light on their significance in upholding natural justice principles. From informing defendants of court proceedings to empowering them with the right to defend themselves, summons serve a vital function in the legal system.
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SUMMONS IN CIVIL SUMMONS IN CIVIL CASES CASES Prepared by: Imtiaz Ullah Khan Civil Judge XIII/JMIC Mansehra
INTRODUCTION It is a well known principle of natural It is a well known principle of natural justice justice AUDI ALTERAM AUDI ALTERAM- -PARTEM that no one PARTEM that no one should be condemned un should be condemned un- -heard. The main theme behind issuance of The main theme behind issuance of summon is that the other party must summon is that the other party must know the proceedings initiated against know the proceedings initiated against him/them by the court. him/them by the court. heard.
DEFINITION OF SUMMON DEFINITION OF SUMMON A summon is written, signed and A summon is written, signed and sealed order of the court by which sealed order of the court by which the court requires presence of a the court requires presence of a person before court, either in person before court, either in- -person or through agent or pleader on a or through agent or pleader on a specific day. specific day. person
PURPOSE & OBJECTIVE OF PURPOSE & OBJECTIVE OF SUMMONS SUMMONS Purpose Purpose and is is to to inform proceedings proceedings so so that before before the the court defense defense he he may same same time time. . PLD 2012 Sindh-78 and objective objective of of summons inform the the defendant defendant of of that he he can court and and be be heard may wish wish to to put summons can appear appear heard or or any put at at the any the
ESSENTIALS OF SUMMONS ESSENTIALS OF SUMMONS It It must must be be written. It It must must be be signed by officer officer empowered empowered by this this behalf behalf. . It It must must be be sealed. by the by the the judge judge or or the judge judge in in
WHY SUMMONS ARE ISSUED? WHY SUMMONS ARE ISSUED? A summon is issued because it is a A summon is issued because it is a principle of natural justice that no one principle of natural justice that no one should be condemned unheard and so should be condemned unheard and so that the defendant could have that the defendant could have information of the proceedings against information of the proceedings against him and a right to defend himself by him and a right to defend himself by filing written statement so that he could filing written statement so that he could prepare himself. prepare himself.
WHEN SUMMONS MAY NOT WHEN SUMMONS MAY NOT ISSUED? ISSUED? When When a a suit is is present present in plaintiff s plaintiff s claim suit is is filed in the the court claim. . filed and court and and defendant defendant and admits admits the the
PROVISIONS OF SERVICE OF PROVISIONS OF SERVICE OF SUMMON IN THE CPC SUMMON IN THE CPC Section 27 to 32 & Order V, XVI of Section 27 to 32 & Order V, XVI of CPC deal with the issuance of the CPC deal with the issuance of the summons. summons. Order V CPC deals with the issuance Order V CPC deals with the issuance of summons when suit is duly filed. of summons when suit is duly filed. Order XVI deals with the issuance of Order XVI deals with the issuance of summons to witnesses. summons to witnesses.
KINDS OF SUMMONS KINDS OF SUMMONS There are two kinds of Summons: There are two kinds of Summons: 1) For Settlement of Issues. For normal trial of the case For normal trial of the case 2) For Final Disposal of the Case. Summons for final disposal of the case Summons for final disposal of the case issued when a case could be decided issued when a case could be decided summarily. summarily.
MODES OF SERVICE OF MODES OF SERVICE OF SUMMONS SUMMONS Order V CPC. Registered Post through postal service not covered through TCS, Leopard Carrier through TCS, Leopard Carrier etc etc) ) Personal service. (through court agent when the person is residing in (through court agent when the person is residing in the court jurisdiction of that court the court jurisdiction of that court) Substituted service/Alternate Mode. If all other modes fails, 1) Affixation of a summon at a prominent place. 1) Affixation of a summon at a prominent place. 2) Electronic Devices Electronic Devices- -Phone Phone- -Radio Radio- -TV 3) Ums Ums- -Urgent Mail service Urgent Mail service- - TCS. TCS. 4) Beat of Drum. 4) Beat of Drum. 5) Publication in press or any other manner in CPC (26 Publication in press or any other manner in CPC (26- -A amendment) . Postal service. (Registered Post through postal service not covered If all other modes fails, TV- -Whatsapp Whatsapp etc. etc. A amendment) .
Types of SUMMONS Summon against Defendant. Summon against witness.
SUMMONS TO WITNESSES SUMMONS TO WITNESSES Order XVI. After settlement of issues, parties have to sub it their list of After settlement of issues, parties have to sub it their list of witnesses within 07 days in the court. witnesses within 07 days in the court. According to the said list, witnesses would be called by the According to the said list, witnesses would be called by the court to appear and to give evidence in the support of the claim court to appear and to give evidence in the support of the claim of the parties. of the parties. Expenses of Witness (official) the party wishes to give Expenses of Witness (official) the party wishes to give evidence in favor of its claim has to deposit expenses for the evidence in favor of its claim has to deposit expenses for the same. same. After receiving the summon being a witness, if a person After receiving the summon being a witness, if a person failed to appear before the court, the court may issue warrant failed to appear before the court, the court may issue warrant against the said witness. against the said witness.
CONSEQUENCES UNDER LAW CONSEQUENCES UNDER LAW Ex-Parte Proceedings. ( against the defendant, in ( against the defendant, in case of positively service). case of positively service). Warrant of arrest (against a witness, after positive (against a witness, after positive service) service) Attach and sale his property (against witness) Impose fine upon him (not exceeding not exceeding Rs Direction to furnish security for his appearance and in default can commit to civil prison. and in default can commit to civil prison. (against witness) Rs. 2000/ for his appearance . 2000/- -) )
CONCLUSION CONCLUSION Summon Summon plays of of justice justice. . The the the claim claim against opportunity opportunity to to defend against against him him. . The summons summons as and and undelay undelay justice plays a a pivotal The defendant defendant should against him him. . Defendant defend himself The plaintiff plaintiff should as directed directed by by the justice may may be be dispensed pivotal role role in should have Defendant should himself of of the should timely the court, court, so so that dispensed with in the have information information of of should have the claim claim made timely submit that the with. . the administration administration have an made submit the the speedy speedy an the
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