The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly : Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Bombay].-For the existing rule 5 and its marginal note, substitute the following as rule 5 and marginal note: "5. Summons to be either to settle issues or for final disposal.-The Court shall determine at the time of issuing the summons whether it shall be for the filing of written statement and the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that in every suit heard by a Court of Small Causes the summons shall be for final disposal of the suit."-(1-10-1983). [Calcutta].-Insert the words "for the ascertainment whether the suit will be contested", after the words "issues only". [Karnataka].-Delete rule 5 and substitute the following: "5. The Court shall determine, at the time of issuing the summons, whether it shall be- (a) for the settlement of issues only, or (b) for the defendant to appear and state whether he contests or does not contest the claim and directing him if he contests to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest for final disposal of the suit at once, or (c) for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that, in every suit heard by a Court of Small Causes, the summons shall be for final disposal of the suit."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-For rule 5 the following rule shall be substituted, namely: "5. Summons to be either (1) to ascertain whether the suit is contested or not or (2) for the final disposal of the suit. The Court shall determine, at the time of issuing the summons, whether it shall be (i) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit at once, or (ii) for the final disposal of the suit at once;, and the summons shall contain a direction accordingly: Provided that in every non-appealable case the summons shall be for the final disposal of the suit."-(9-6-1959). [Madras].Delete the first paragraph of rule 5 in Order 5 and substitute the following in lieu thereof: "5. The Court shall determine at the time of issuing the summons, whether it shall be- (1) for the settlement of issues only; or; (2) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters and if he does not contest, for final disposal of the suit at once; or; (3) for the final disposal of the suit; and the summons shall contain a direction accordingly."

The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly : Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Bombay].-For the existing rule 5 and its marginal note, substitute the following as rule 5 and marginal note: "5. Summons to be either to settle issues or for final disposal.-The Court shall determine at the time of issuing the summons whether it shall be for the filing of written statement and the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that in every suit heard by a Court of Small Causes the summons shall be for final disposal of the suit."-(1-10-1983). [Calcutta].-Insert the words "for the ascertainment whether the suit will be contested", after the words "issues only". [Karnataka].-Delete rule 5 and substitute the following: "5. The Court shall determine, at the time of issuing the summons, whether it shall be- (a) for the settlement of issues only, or (b) for the defendant to appear and state whether he contests or does not contest the claim and directing him if he contests to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest for final disposal of the suit at once, or (c) for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that, in every suit heard by a Court of Small Causes, the summons shall be for final disposal of the suit."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-For rule 5 the following rule shall be substituted, namely: "5. Summons to be either (1) to ascertain whether the suit is contested or not or (2) for the final disposal of the suit. The Court shall determine, at the time of issuing the summons, whether it shall be (i) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit at once, or (ii) for the final disposal of the suit at once;, and the summons shall contain a direction accordingly: Provided that in every non-appealable case the summons shall be for the final disposal of the suit."-(9-6-1959). [Madras].Delete the first paragraph of rule 5 in Order 5 and substitute the following in lieu thereof: "5. The Court shall determine at the time of issuing the summons, whether it shall be- (1) for the settlement of issues only; or; (2) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters and if he does not contest, for final disposal of the suit at once; or; (3) for the final disposal of the suit; and the summons shall contain a direction accordingly."