No. 1 of CPC : No. 1: SUMMONS FOR DISPOSAL OF SUIT

Explanation using Example

Example 1:

Scenario: A Property Dispute

Context: Rajesh has filed a suit against his neighbor, Suresh, claiming that Suresh has encroached on his property by building a wall that extends into Rajesh's land.

Summons:

Summons

To

Suresh Kumar, residing at 123, Green Park, New Delhi.

WHEREAS Rajesh Sharma has instituted a suit against you for encroachment on his property, 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 15th day of March 2023, at 10 o'clock in the AM 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 1st day of March 2023

Judge

NOTICE

• 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.
• 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.

Example 2:

Scenario: A Loan Recovery Case

Context: A bank has filed a suit against Ramesh for failing to repay a loan amounting to ₹5,00,000.

Summons:

Summons

To

Ramesh Verma, residing at 456, Blue Colony, Mumbai.

WHEREAS State Bank of India has instituted a suit against you for non-repayment of a loan amounting to ₹5,00,000, 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 20th day of April 2023, at 11 o'clock in the AM 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 5th day of April 2023

Judge

NOTICE

• 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.
• 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.