Rule 9A of CPC : Rule 9A: Summons given to the plaintiff for service.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh for breach of contract.

Application of Rule 9A:

1. Ramesh's Application: Ramesh applies to the court for the issuance of a summons for Suresh's appearance.
2. Court's Permission: The court permits Ramesh to serve the summons to Suresh personally.
3. Delivery of Summons: The court delivers the summons to Ramesh, which is signed by the judge and sealed with the court's seal.
4. Service of Summons: Ramesh personally delivers the summons to Suresh at his residence.
5. Acknowledgment: Suresh accepts the summons and signs an acknowledgment of service.

Outcome: The summons is successfully served, and Suresh is now required to appear in court on the specified date.

Example 2:

Scenario: Priya files a civil suit against her tenant, Raj, for non-payment of rent.

Application of Rule 9A:

1. Priya's Application: Priya applies to the court for the issuance of a summons for Raj's appearance.
2. Court's Permission: The court permits Priya to serve the summons to Raj personally.
3. Delivery of Summons: The court delivers the summons to Priya, which is signed by the judge and sealed with the court's seal.
4. Service of Summons: Priya goes to Raj's residence to deliver the summons, but Raj refuses to accept it and does not sign the acknowledgment.
5. Re-issuance of Summons: Priya informs the court about Raj's refusal. The court re-issues the summons to be served by a court officer.

Outcome: The court officer successfully serves the summons to Raj, ensuring that he is aware of the court proceedings and required to appear in court.

Example 3:

Scenario: Anil files a civil suit against his business partner, Sunil, for misappropriation of funds.

Application of Rule 9A:

1. Anil's Application: Anil applies to the court for the issuance of a summons for Sunil's appearance.
2. Court's Permission: The court permits Anil to serve the summons to Sunil personally.
3. Delivery of Summons: The court delivers the summons to Anil, which is signed by the judge and sealed with the court's seal.
4. Service of Summons: Anil attempts to deliver the summons to Sunil at his office, but Sunil is out of town and cannot be reached.
5. Re-issuance of Summons: Anil informs the court about the inability to serve the summons. The court re-issues the summons to be served by a court officer.

Outcome: The court officer serves the summons to Sunil upon his return, ensuring that Sunil is aware of the court proceedings and required to appear in court.