Rule 5 of CPC : Rule 5: Notice in what capacity served.
CPC
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Explanation using Example
Example 1:
Scenario: A legal dispute arises between a supplier and a firm named "ABC Traders." The supplier files a lawsuit against "ABC Traders" for non-payment of dues. The court issues a summons to "ABC Traders."
Application of Rule 5: When the court's process server delivers the summons to "ABC Traders," it is handed over to Mr. Sharma, who is present at the firm's office. At the time of service, Mr. Sharma is informed in writing that he is being served as a partner of "ABC Traders." This written notice clarifies Mr. Sharma's capacity in the firm, ensuring he understands his role in the legal proceedings.
Example 2:
Scenario: A customer files a lawsuit against "XYZ Enterprises" for breach of contract. The court issues a summons to "XYZ Enterprises."
Application of Rule 5: The court's process server goes to the office of "XYZ Enterprises" and serves the summons to Ms. Gupta, who is the office manager. At the time of service, Ms. Gupta is informed in wri...
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