Rule 5 of CPC : Rule 5: Summons to be either to settle issues or for final disposal.

Explanation using Example

Example 1:

Scenario: A property dispute between two neighbors, Mr. Sharma and Mr. Verma.

Details: Mr. Sharma files a civil suit against Mr. Verma, claiming that Mr. Verma has encroached on his property. The court, upon receiving the suit, needs to decide the type of summons to issue.

Application of Rule 5:

• The court determines that the case involves complex property boundaries and requires detailed examination of evidence and witness testimonies.
• Therefore, the court issues a summons to both parties to settle the issues first. This means that the initial hearings will focus on identifying the specific points of dispute and the evidence each party will present.

Summons Content: The summons sent to Mr. Verma states that the purpose of the initial hearing is to settle the issues related to the property boundaries and encroachment claims.

Example 2:

Scenario: A small cause suit for recovery of a loan amount.

Details: Ms. Gupta lends Rs. 50,000 to Mr. Singh, who fails to repay the amount. Ms. Gupta files a suit in a Court of Small Causes to recover the loan.

Application of Rule 5:

• Since the suit is heard by a Court of Small Causes, the rule mandates that the summons shall be for the final disposal of the suit.
• The court issues a summons to Mr. Singh for the final hearing, where both parties will present their evidence and arguments, and the court will make a final decision.

Summons Content: The summons sent to Mr. Singh clearly states that the hearing is for the final disposal of the suit, meaning that the court intends to resolve the matter in that hearing itself.