Rule 30 of CPC : Rule 30: Substitution of letter for summons.

CPC

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Explanation using Example

Example 1:

Scenario: A high-ranking government official, Mr. Sharma, is being sued in a civil case for breach of contract.

Application of Rule 30:

  1. Court's Decision: The court decides that Mr. Sharma, due to his high rank and position, deserves a mark of consideration.
  2. Substitution of Summons: Instead of issuing a standard summons, the court substitutes it with a letter signed by the Judge.
  3. Content of the Letter: The letter contains all the necessary details that a summons would typically include, such as the nature of the case, the date of the hearing, and instructions for Mr. Sharma to appear in court.
  4. Delivery Method: The court chooses to send the letter via a special messenger to ensure it reaches Mr. Sharma promptly and securely.

Example 2:

Scenario: A prominent business tycoon, Ms. Kapoor, is involved in a civil litigation regarding a property dispute.

Application of Rule 30:

  1. Court's Decision: Considering Ms. Kapoor's status and reputation, the court decides to show her a mark of consideration.
  2. Substitution of Summons: The court substitutes the standard summons with a letter signed by an appointed officer.
  3. Content of the Letter: The letter includes all the details required in a summons, such as the case number, the parties involved, the nature of the dispute, and the date and time of the court appearance.
  4. Delivery Method: The court opts to send the letter by post to Ms. Kapoor's registered address. Additionally, since Ms. Kapoor has an authorized agent to accept legal documents, a copy of the letter is also sent to her agent.

Example 3:

Scenario: A retired Supreme Court judge, Justice Rao, is named as a defendant in a civil lawsuit concerning a defamation claim.

Application of Rule 30:

  1. Court's Decision: Given Justice Rao's esteemed position and past service, the court decides to extend a mark of consideration.
  2. Substitution of Summons: The court substitutes the usual summons with a letter signed by the Judge.
  3. Content of the Letter: The letter contains all the necessary particulars, including the nature of the defamation claim, the date of the hearing, and instructions for Justice Rao to appear in court.
  4. Delivery Method: The court decides to send the letter via a special messenger to ensure it is delivered personally to Justice Rao. Additionally, since Justice Rao has a legal representative authorized to accept service, a copy of the letter is also sent to his legal representative.

Example 4:

Scenario: A renowned scientist, Dr. Mehta, is involved in a civil case regarding intellectual property rights.

Application of Rule 30:

  1. Court's Decision: The court acknowledges Dr. Mehta's significant contributions to science and decides to show him a mark of consideration.
  2. Substitution of Summons: The court substitutes the standard summons with a letter signed by an appointed officer.
  3. Content of the Letter: The letter includes all the necessary details that a summons would typically contain, such as the nature of the intellectual property dispute, the date of the hearing, and instructions for Dr. Mehta to appear in court.
  4. Delivery Method: The court opts to send the letter by post to Dr. Mehta's residential address. Additionally, since Dr. Mehta has an agent authorized to accept service, a copy of the letter is also sent to his agent.
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