Rule 1 of CPC : Rule 1: Summons.
CPC
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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:
- Institution of Suit: Rajesh files the suit in the appropriate civil court.
- 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.
- Response Time: Suresh receives the summons on January 1st. He has until January 31st to file his written statement (defense).
- 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.
- 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.
- 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:
- Institution of Suit: Priya files the suit in the appropriate civil court.
- 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.
- Appearance in Court: Anil receives the summo...
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