Introduction. A summons is
a written notice served on a person under the authority of the court to appear personally before the court
. … Thus, summons are sent to the witnesses through the procedure laid under Order 16 of CPC. Without summons, the parties cannot enforce the presence of witnesses and establish their case.
What is the summons?
A Summons is
an official notice of a lawsuit
. It is given to the person being sued. … This way, they can come to court and fight the lawsuit. When you serve the defendant with a Summons, you officially tell that you are suing them.
What do you mean by summons in CPC?
Introduction. A summons is
a written notice served on a person under the authority of the court to appear personally before the court
. … Thus, summons are sent to the witnesses through the procedure laid under Order 16 of CPC. Without summons, the parties cannot enforce the presence of witnesses and establish their case.
What are the different types of summons?
- Court summons.
- Civil summons.
- Administrative summons.
- Criminal summons. Citation summons. Notice to appear. Traffic summons.
- Summons and complaint.
- Jury summons.
Who can issue the summons?
Every summon shall be served by
a police officer, or by an officer of the court issuing it or any other public servant
. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.
What are the essential ingredients of summons?
- Summons to defendants.-
- Service of summons where defendant resides in another State.-
- Service of foreign summonses. Summonses and other processes issued by-
- Summons to witness.-
- The penalty for default.-
What is a court summons called?
A summons or subpoena is an official court document. In fact, the term “subpoena” comes from the Latin for “under penalty.” You must respond to a summons or a subpoena as required and by the deadline required.
How is a summons delivered?
Generally, this is done
through personal service
, either by a court official or an administrative service agency. In smaller courts, service by mail may be appropriate. Or, in exceptional circumstances, service may be made through publication where it is difficult to find the location of the person of interest.
What is the purpose of summons?
A summons is a form prepared by the plaintiff and issued by a court
that informs the defendant that they are being sued or are required to appear in court
. It may be served by a sheriff or other authorized person, such as the process server.
How many types of summons services are there?
Rule
24
of Order V of CPC states that when a defendant is confined in a prison, then, the summons may be sent or delivered to the officer in charge of the prison by post, courier, fax message, email or any other means as provided under the rules made by the High Court.
What is a simple summons?
A simple summons is
a document which contains the basis (the particulars of the claim) for the plaintiff’s action in the body of the summons
. … As a general rule, the simple summons is used where the claim is for a debt or a liquidated demand.
What type of document is a summons?
In general, any summons is
a court document
that states the names of the plaintiff and defendant, the title and file number of the case, the court and its address, the involved attorneys and their addresses, and instructions regarding the process and timeframe for the defendant to file a response.
How many summons can a court give?
Only
one summon issued
is enough to issue bailable warrant of the accused in cheque bounce case , subject to the condition that the summon should b delivered to the accused and it’s report is in file before the date of hearing .
What is the legal meaning of summons?
Summons, also called Citation, in law,
document issued by a court ordering a specific person to appear at a specific time for some specific purpose
. … Often the purpose of a citation or summons is to require a person to answer charges or a complaint filed against him.
What is mode of service of summons?
There are four (4) modes of serving summons: [1]
personal service
; [2] substituted service; [3] constructive service (by publication); and [4] extraterritorial service.
What is set off in CPC?
Set-off means
a claim by the defendant against the plaintiff or a plea in defence available to the defendant
. It is a cross-claim between the parties to the suit regarding their recovery of money. It is the destruction of the debts of which two persons are reciprocally debtors to one other.
