Rule 1 of CPC : Rule 1: Summons.

Explanation using Example

Example 1:

Scenario: Rajesh files a civil suit against Suresh for non-payment of a loan amounting to ₹5,00,000.

Application of the Act:

1. Institution of Suit: Rajesh files the suit in the appropriate civil court.
2. Issuance of Summons: The court issues a summons to Suresh, asking him to appear and respond to the claim within thirty days from the date he receives the summons.
3. Response Time: Suresh receives the summons on January 1st. He has until January 31st to file his written statement (defense).
4. Failure to Respond in 30 Days: If Suresh does not file his written statement by January 31st, the court may allow him additional time, but not beyond ninety days from the date of service (i.e., not beyond April 1st), provided the court records the reasons for the extension.
5. Further Extension: If Suresh still fails to file his written statement by April 1st, the court may grant a final extension up to 120 days from the date of service (i.e., not beyond May 1st), but Suresh must pay costs as deemed fit by the court.
6. Forfeiture of Right: If Suresh does not file his written statement by May 1st, he loses the right to file it, and the court will not accept it thereafter.

Example 2:

Scenario: Priya files a civil suit against her neighbor, Anil, for encroaching on her property.

Application of the Act:

1. Institution of Suit: Priya files the suit in the appropriate civil court.
2. Issuance of Summons: The court issues a summons to Anil, asking him to appear and respond to the claim within thirty days from the date he receives the summons.
3. Appearance in Court: Anil receives the summons on February 10th. He decides to appear in court in person on February 20th and admits to the encroachment.
4. No Need for Written Statement: Since Anil has appeared and admitted Priya's claim, no written statement is required, and the court proceeds to pass an appropriate order based on Anil's admission.
5. Court's Decision: The court may order Anil to remove the encroachment and restore Priya's property to its original state.

Example 3:

Scenario: Meera files a civil suit against a company for breach of contract.

Application of the Act:

1. Institution of Suit: Meera files the suit in the appropriate civil court.
2. Issuance of Summons: The court issues a summons to the company, asking it to appear and respond to the claim within thirty days from the date it receives the summons.
3. Company's Response: The company receives the summons on March 5th. The company decides to send its legal representative (pleader) to court.
4. Appearance by Pleader: The pleader appears in court on March 15th, accompanied by the company's manager who is able to answer all material questions related to the suit.
5. Filing of Written Statement: The pleader files the written statement on behalf of the company within the thirty-day period, i.e., by April 4th.
6. Court Proceedings: The court proceeds with the case based on the written statement and other evidence presented by both parties.

Example 4:

Scenario: Arjun files a civil suit against his tenant, Ravi, for non-payment of rent.

Application of the Act:

1. Institution of Suit: Arjun files the suit in the appropriate civil court.
2. Issuance of Summons: The court issues a summons to Ravi, asking him to appear and respond to the claim within thirty days from the date he receives the summons.
3. Failure to Appear: Ravi receives the summons on April 1st but does not appear in court or file a written statement by April 30th.
4. Court's Extension: The court, for recorded reasons, allows Ravi an additional sixty days to file the written statement, extending the deadline to June 30th.
5. Final Extension: Ravi still fails to file the written statement by June 30th. The court grants a final extension up to 120 days from the date of service, i.e., until July 30th, with an order to pay costs.
6. Forfeiture of Right: Ravi does not file the written statement by July 30th. He forfeits the right to file it, and the court proceeds with the case based on the available evidence.