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