High Courts Amendments-[Allahabad].-After Form No. 1 insert the following form:- "No. 1-A SUMMONS/NOTICE FOR SERVICE BY ADVERTISEMENT IN A NEWSPAPER (Order 5 Rule 20)

To

(Name and address) Whereas .............................has instituted the above suit/filed an application against you for ................. you are hereby summoned to appear in this Court in person or by a pleader on the .........................day of...............20...........at...........o'clock, to answer the same, failing which the suit/application will be disposed of ex parte. Given under my hand and the seal of the Court, this................. day of ....................20....... judge. (25-4-1987). [Andhra Pradesh].-Same as that of Madras (ii). [Assam].-Same as that of Calcutta. [Bombay].-The following notice shall be inserted in Forms Nos. 1,2,3,4,5 and 6:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out."-(1.10.1983). [Calcutta].-Insert the following Form and number it ans 1-A:- "No. 1-A SUMMONS TO DEFENDANT FOR ASCERTAINMENT WHETHER THE SUIT WILL BE CONTESTED (Order 5,Rule 1 and 5)

To

(Name, description and place of residence) Whereas .............................has instituted a suit against you for............................., you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit on the .......................day of..............20..........at ...............o'clock in the .........................noon in order that on that day you may inform the Court whether you will or will not contest the claim either in whole or in part and in order that in the event of your deciding to contest the claim either in whole or in part directions may be given to you as to the date upon which your written statement is to be filed and the witness or witnesses upon whose evidence you intend to rely in support of your defence are to be produced and also the document or documents upon which you intend to rely. Take notice that, in default of your appearance on the day before-mentioned, the suit will be heard and determined in your absence and take further notice that in the event of your admitting the claim either in whole. or in part the Court will forthwith pass judgment in accordance with such admissions. Given under my hand and the seal of the Court, this ......................day of.......................20........ Seal Judge. Notice.-If you admit the claim either in whole or in part you should come prepared topay into Court the money due by virtue of such admission together with the costs of the suit to avoid execution of any decree which may be passed against your person or property or both." [Gauhati].-Same as that of Calcutta. [Karnataka].-Same as that of Madras except that above "Notice" the words "Judge or the Cheif Ministerial officer" have been substituted for "Judge"-(R.O.C. No. 2526/1959, dated 9.2.1967). [Kerala].-Same as that of Madras (9.6.1959). [Madras].-After Form No. 1, insert the following as Form No. 1-A:- "No.1-A SUMMONS FOR ASCERTAINING WHETHER A SUIT IS CONTESTED OR NOT,AND IF NOT CONTESTED FOR ITS IMMEDIATE DISPOSAL (Order 5, Rule 1, 5)

To

(Name, description and place of residence) Whereas ....................................has instituted a suit against you for....................................you are hereby summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit (or who shall be accompanied by some{ person able to answer all such questions) on the ............................................................................................day I of..............20.......at..............o'clock in the .....................noon and to state whether you contest or do not contest the claim, and, if you contest, to receive directions of Court as to the date on which you have to file the written statement, the date of trial and other matters. Take notice that in the event of the claim not being contested the suit shall be decided at once. Take further notice, that in default of your appearance on the day and hour before mentioned the suit will be heard and determined in your absence. Given under my hand.and the seal of the Court, this ..................day of.........20......... Seal Judge. Notice.-If you admit the claim, you should pay the money into Court together with the cost of the suit, to avoid execution of the decree, which may be against your person or property or both." No. 2 SUMMONS FOR SETTLEMENT OF ISSUES [Order 5, Rule 1, 5]

To

(Name, description and place of residence) Whereas ....................................has instituted a suit against you for........... you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to suit, or who shall be accompanied by some person able to answer all such questions, on the ..............................day of ........................20.......at........o'clock in the .....................noon, to answer the claim; [and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off, or counter-claim you shall enter such documents in a list to be annexed to the written statement.] [Substituted by the Code of Civil Procedure (Amendment) Act, 2076, Section 94, for certain words (w.e.f. 1.2.2077).] Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. Given under my hand and the seal of the Court, this.............. day of........20....... Judge. Notice.-

High Courts Amendments-[Allahabad].-After Form No. 1 insert the following form:- "No. 1-A SUMMONS/NOTICE FOR SERVICE BY ADVERTISEMENT IN A NEWSPAPER (Order 5 Rule 20)

To

(Name and address) Whereas .............................has instituted the above suit/filed an application against you for ................. you are hereby summoned to appear in this Court in person or by a pleader on the .........................day of...............20...........at...........o'clock, to answer the same, failing which the suit/application will be disposed of ex parte. Given under my hand and the seal of the Court, this................. day of ....................20....... judge. (25-4-1987). [Andhra Pradesh].-Same as that of Madras (ii). [Assam].-Same as that of Calcutta. [Bombay].-The following notice shall be inserted in Forms Nos. 1,2,3,4,5 and 6:- "Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out."-(1.10.1983). [Calcutta].-Insert the following Form and number it ans 1-A:- "No. 1-A SUMMONS TO DEFENDANT FOR ASCERTAINMENT WHETHER THE SUIT WILL BE CONTESTED (Order 5,Rule 1 and 5)

To

(Name, description and place of residence) Whereas .............................has instituted a suit against you for............................., you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit on the .......................day of..............20..........at ...............o'clock in the .........................noon in order that on that day you may inform the Court whether you will or will not contest the claim either in whole or in part and in order that in the event of your deciding to contest the claim either in whole or in part directions may be given to you as to the date upon which your written statement is to be filed and the witness or witnesses upon whose evidence you intend to rely in support of your defence are to be produced and also the document or documents upon which you intend to rely. Take notice that, in default of your appearance on the day before-mentioned, the suit will be heard and determined in your absence and take further notice that in the event of your admitting the claim either in whole. or in part the Court will forthwith pass judgment in accordance with such admissions. Given under my hand and the seal of the Court, this ......................day of.......................20........ Seal Judge. Notice.-If you admit the claim either in whole or in part you should come prepared topay into Court the money due by virtue of such admission together with the costs of the suit to avoid execution of any decree which may be passed against your person or property or both." [Gauhati].-Same as that of Calcutta. [Karnataka].-Same as that of Madras except that above "Notice" the words "Judge or the Cheif Ministerial officer" have been substituted for "Judge"-(R.O.C. No. 2526/1959, dated 9.2.1967). [Kerala].-Same as that of Madras (9.6.1959). [Madras].-After Form No. 1, insert the following as Form No. 1-A:- "No.1-A SUMMONS FOR ASCERTAINING WHETHER A SUIT IS CONTESTED OR NOT,AND IF NOT CONTESTED FOR ITS IMMEDIATE DISPOSAL (Order 5, Rule 1, 5)

To

(Name, description and place of residence) Whereas ....................................has instituted a suit against you for....................................you are hereby summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit (or who shall be accompanied by some{ person able to answer all such questions) on the ............................................................................................day I of..............20.......at..............o'clock in the .....................noon and to state whether you contest or do not contest the claim, and, if you contest, to receive directions of Court as to the date on which you have to file the written statement, the date of trial and other matters. Take notice that in the event of the claim not being contested the suit shall be decided at once. Take further notice, that in default of your appearance on the day and hour before mentioned the suit will be heard and determined in your absence. Given under my hand.and the seal of the Court, this ..................day of.........20......... Seal Judge. Notice.-If you admit the claim, you should pay the money into Court together with the cost of the suit, to avoid execution of the decree, which may be against your person or property or both." No. 2 SUMMONS FOR SETTLEMENT OF ISSUES [Order 5, Rule 1, 5]

To

(Name, description and place of residence) Whereas ....................................has instituted a suit against you for........... you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to suit, or who shall be accompanied by some person able to answer all such questions, on the ..............................day of ........................20.......at........o'clock in the .....................noon, to answer the claim; [and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off, or counter-claim you shall enter such documents in a list to be annexed to the written statement.] [Substituted by the Code of Civil Procedure (Amendment) Act, 2076, Section 94, for certain words (w.e.f. 1.2.2077).] Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. Given under my hand and the seal of the Court, this.............. day of........20....... Judge. Notice.-