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. *...

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