APCRPCO Form No.19 : Common Form of Summons

Explanation using Example

Example 1: Summons for a Property Dispute

Introduction: Ravi, a resident of Hyderabad, is involved in a property dispute with his neighbor, Suresh. Suresh has filed a suit claiming Ravi encroached on his land.

Application: According to FORM No.19 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ravi receives a summons to appear in court. The summons specifies that Ravi must appear on a given date and time, either in person or through a pleader, to answer the claim and produce any supporting documents.

Outcome: If Ravi fails to appear, the court may proceed in his absence, potentially ruling in favor of Suresh. Ravi is advised to bring all relevant documents and witnesses to support his defense. Non-compliance could lead to a default judgment against him.

Conclusion: Compliance with the summons is crucial for Ravi to defend his case effectively. Understanding the requirements and preparing adequately can prevent unfavorable legal outcomes.

Example 2: Summons in a Debt Recovery Case

Introduction: Priya, a business owner in Vijayawada, is sued by a supplier for unpaid invoices amounting to ₹5 lakhs. The supplier has initiated legal proceedings to recover the debt.

Application: Priya receives a summons under FORM No.19, instructing her to appear in court and answer the claim. She is required to state whether she contests the claim and, if so, to follow court directions regarding filing a written statement and preparing for trial.

Outcome: Priya decides to contest the claim, arguing that the goods supplied were defective. She must file a written statement by the date specified by the court and prepare her defense, including gathering evidence and witnesses. Failure to comply with these procedural steps could result in a judgment against her.

Conclusion: By adhering to the summons and court instructions, Priya can effectively present her defense. Non-compliance could lead to adverse legal consequences, including enforcement actions against her assets.

Example 3: Non-Compliance with Summons

Introduction: Anil, residing in Visakhapatnam, ignores a summons related to a breach of contract suit filed by his former employer.

Application: The summons, as per FORM No.19, required Anil to appear in court and present his defense. However, Anil fails to attend the hearing or send a representative.

Outcome: Due to Anil's non-compliance, the court proceeds with the hearing in his absence and rules in favor of the employer. Anil faces a default judgment, which may include financial penalties and enforcement actions.

Conclusion: Ignoring a court summons can lead to severe legal repercussions. Anil's case highlights the importance of responding to legal notices and participating in the judicial process.

Example 4: Special Circumstances - Language Barrier

Introduction: Maria, a Portuguese-speaking resident in Andhra Pradesh, receives a summons related to a civil suit.

Application: The court ensures that the summons under FORM No.19 is translated into Portuguese to accommodate Maria's language needs, ensuring she understands her obligations and the legal process.

Outcome: With the translated summons, Maria is able to engage a pleader and prepare her defense effectively, ensuring her rights are protected despite the language barrier.

Conclusion: Courts must accommodate language and other special needs to ensure fair access to justice. Maria's case illustrates the importance of clear communication in legal proceedings.