Rule 5 of CPC : Rule 5: Dismissal of suit where plaintiff, after summons returned unserved, fails for one month to apply for fresh summons.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh for recovery of a loan amount. The court issues a summons to Suresh, but the process server returns the summons unserved, stating that Suresh has moved to an unknown location.

Application of Rule 5:

• The court informs Ramesh that the summons was returned unserved.
• Ramesh does not apply for a fresh summons within seven days of this notification.
• The court dismisses the suit against Suresh because Ramesh failed to take timely action to reissue the summons.

Outcome: Ramesh's suit is dismissed, but he can file a fresh suit against Suresh, provided it is within the limitation period.

Example 2:

Scenario: Priya files a civil suit against her tenant, Raj, for eviction. The court issues a summons to Raj, but the process server returns the summons unserved, stating that Raj is deliberately avoiding service by not being available at his residence.

Application of Rule 5:

• The court informs Priya that the summons was returned unserved.
• Priya applies for a fresh summons within seven days, explaining that Raj is avoiding service.
• The court is satisfied with Priya's explanation and extends the time for issuing a fresh summons.

Outcome: The court allows the issuance of a fresh summons to Raj, and the suit continues without being dismissed.

Example 3:

Scenario: Anil files a civil suit against his business partner, Sunil, for breach of contract. The court issues a summons to Sunil, but the process server returns the summons unserved, stating that Sunil's address is incorrect.

Application of Rule 5:

• The court informs Anil that the summons was returned unserved.
• Anil uses his best efforts to find Sunil's correct address and applies for a fresh summons within seven days, providing the new address to the court.
• The court is satisfied with Anil's efforts and extends the time for issuing a fresh summons.

Outcome: The court allows the issuance of a fresh summons to Sunil at the new address, and the suit continues without being dismissed.

Example 4:

Scenario: Meera files a civil suit against her neighbor, Ravi, for encroachment on her property. The court issues a summons to Ravi, but the process server returns the summons unserved, stating that Ravi is out of the country for an extended period.

Application of Rule 5:

• The court informs Meera that the summons was returned unserved.
• Meera applies for a fresh summons within seven days, explaining that Ravi is out of the country and providing evidence of his travel plans.
• The court is satisfied with Meera's explanation and extends the time for issuing a fresh summons until Ravi returns.

Outcome: The court allows the issuance of a fresh summons to Ravi upon his return, and the suit continues without being dismissed.