We have uploaded Common summon form for the convenience of the users which can be used for any summon ordered except those ordered in Summary suits. Lets compare the Provisions of Civil Rules of Practice, Code of Civil Procedure with our common summon form.
Summon forms in Code of Civil Procedure Code
Summons for Disposal of the suit
1. Summons for disposal of suit Under Order 5 Rule 1, 5 [ Refer Form No. 1, in Appendix BCPC ]
[ Title ]
To
………………………………….. [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for you are hereby summoned to appear in this Court in person, or by a pleader duly instructed (and able to answer all material questions relating to the suit, or who shall be accompanied by some person; able to answer all such questions,……………on……………..the………………………………….day……………..of……………………20………………,
at…………………………………..O’clock in the………………………………………… noon, to answer the claim ; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before 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
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have
a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both
2. Summons for settlement of issues under Order 5 Rule 1, 5 [ Refer Form No. 2, in Appendix B CPC ]
[ Title ]
To
………………………………….. [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for……………………………..you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material question relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the…………………………………………………day of……………………….20…………………, at………………….O’clock in the………………………..noon, to answer the claim; 1 [and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counterclaim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counterclaim, you shall enter such documents in a list to be annexed to the written statement].
Take note that, in default of your appearance on the day before 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 ………..
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
3. Summons to appear in person under Order 5 Rule 3 [ Refer Form No. 3 in Appendix B, CPC ]
[ Title ]
T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for……………you are hereby summoned to appear in this Court in person on the…………………………… day of …………………. 20………………………………….at O’clock in the………………………………noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before 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.
4. Summons in a summary suit under Order 37 Rule 2 [ Refer Form No. 4, in Appendix B CPC ]
(Title)
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name description and place of residence.]
WHEREAS……………………… has instituted a suit against you under Order XXXVII of the Code of Civil
procedure, 1908, for Rs……………..and interest, you are hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs………………..and the sum of Rs……………………..for costs, together with such interest, if any, as the Court may order. If you cause an appearance to be entered for you, the plaintiff will thereafter server upon you a summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
Given under my hand and the seal of the Court, this……………………….day of………………………20………..
[Judge.]
5. SUMMONS FOR JUDGMENT IN A SUMMARY SUIT UNDER ( ORDER 37, RULE 3) [ Refer Form No. 4A, in Appendix B CPC ]
(Title)
In the…………………………Court, at…………………………Suit No…………………………………………of 20
XYZ Plaintiff
Versus
ABC Defendant
Upon reading the affidavit of the plaintiff the Court makes the following order, namely:—
Let all parties concerned attend the Court or Judge, as the case may be, on the …………………day of ……………… 20 , at ……………………..O’clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs………………..and for interest and costs.
Date the ………………….day of……………… 20
Judge.
Hence the above forms are listed in Code of Civil Procedure for summons……. But the Civil Rules of Practice makes things even more easier by providing a common form combining 3 issues in one form viz., 1) settlement of issues 2) ascertaining whether the matter is contested or not, if not contested for immediate disposal & 3) Final disposal. Hence this is a Common summon form which can be used at any stage when summon ordered except those summon ordered in Summary Suits.
Common Summon Form under Civil Rules of practice [ under Form 19 & Rule 49A ]
[ Cause Title ]
T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for……………you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit ( or who shall be accompanied by some person able to answer all such questions) on the…………………………… day of …………………. 20………………………………….at ……………….O’clock in the………………………………noon
- To answer the claim and you are directed to produce on that day al the documents upon which you intend to rely in support of your defence.
- To state whether you contest or do not contest the claim and if your contest, to receive directions of Court as to the date on which you have to file the Written Statement, the date of Trial and other matters; take notice that in the event of the Claim not being contested the suit shall be decided at once:
- To answer the claim and as the day fixed for your appearance is appointed for the final disposal of the suit you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.
Take Notice that in default of your appearance on the day (and hour) before 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.]
NOTE—1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
Our common summon Form
With reference to the above provisions from Civil Rules of Practice, Code of Civil Procedure we have drafted a common summon form. Our common summon Form is highly similar to common summon form prescribed in Civil Rules of Practice.
Further in both Civil Rules of Practice and Code Of civil Procedure, it mandates a Judge to sign at the end the Summon, but in regular civil court practice…. Central Nazir or Nazir officer signs on behalf of Judge. Hence we mentioned Nazir officer as signatory in the Summon.