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:
- Court's Decision: The court decides that Mr. Sharma, due to his high rank and position, deserves a mark of consideration.
- Substitution of Summons: Instead of issuing a standard summons, the court substitutes it with a letter signed by the Judge.
- 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.
- 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:
- Court's Decision: Considering Ms. Kapoor's status and reputation, the court decides to show her a mark of consideration.
- Substitution of Summons: The court substitutes the standard summons with a letter signed by an appointed officer.
- 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.
- 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:
- Court's Decision: Given Justice Rao's esteemed position and past service, the court decides to extend a mark of consideration.
- Substitution of Summons: The court substitutes the usual summons with a letter signed by the Judge.
- 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.
- 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:
- Court's Decision: The court acknowledges Dr. Mehta's significant contributions to science and decides to show him a mark of consideration.
- Substitution of Summons: The court substitutes the standard summons with a letter signed by an appointed officer.
- 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.
- 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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