CPCU2 Exam notes Civil Procedure Code & Limitation
Act
pg. 1
,Summon-ingredients, diff mode of service
1).Explain the different modes of service of the
summons = 2021/ON/80
2).State the modes of service of
Summons.= 201/MA/80
Meaning of Summons
1).Simply put, a summons is a legal
document issued by a Court 2).seeking before
it the presence of any individual 3).involved
in a legal proceeding.
4).The term “summons” has not been explicitly defined under any statute.
5).However, the essential ingredients of a summons
can be found in both --the Code of Civil Procedure,
1908 as well as the --Code of Criminal Procedure,
1973.
Defintion
1).As per P. Ramanatha Aiyar’s Law Lexicon,
#).a summons is a process
#).issued from the office of a court of justice
#).requiring the persons to whom it is addressed to
attend the court #).for the purpose therein stated
1).As per Wharton’s Law Lexicon,
pg. 2
,#).a summons is defined as the means
#).by which one party brings the other before a judge
#).to settle matters of details in the procedure of a suit
Laws Governing Summons
1).Provisions under sections 61 to 69 of CrPC deal with the forms of the summons
and their service in criminal cases. 2).Provisions under section 27 and Order V of
CPC deal with the service of summons in civil cases. 3).Order 16 deals with the
summoning of witnesses.
Why is it issued?
1).Audi Alteram Partem is one of the two basic principles of natural justice.
2).It means that no one should be condemned unheard.
3).To ensure justice is being served, all the parties involved must be given a chance to be heard.
4).This principle ensures an individual’s right to a fair trial and has been incorporated within the
ethos of our Constitution and legal machinery.
5).A summons is issued to inform the person, to whom it is issued, about his involvement in the
legal proceedings.
6).It is to give him a chance to set the record straight with the court, give his version of the facts
and defend himself.
7).Without such information being passed, the trial won’t be fair and would be against the rule
of law and principles of natural justice.
pg. 3
, Essentials in a summons
1).As per Order 5 Rule 1
The basic necessity in any summons is...
#).The sign of the Judge
#).The seal of the court issuing the summons
2).As per Order 16 and Rule
If summons send to witness then below details should be in summons
#).Date and time at which the witness is required to attend in the court
#).The reason for the procurement of the attendance of the witness
#).Attached evidence for the given reason
#).If the witness is called for producing any document, the name and description of the
document should be mentioned
Modes of Serving Summons [CPC]
https://lawcirca.com/different-modes-of-serving-summons-and-the-consequences-of-
avoiding-and-preventing-the-service-ofsummons/
http://www.patnalawcollege.ac.in/econtent/ISSUE%20AND%20SERVICE%20OF%20S
UMMONS.pdf #).The Civil Procedure Code, 1908 provides for the following modes of
service of summons:
pg. 4
Act
pg. 1
,Summon-ingredients, diff mode of service
1).Explain the different modes of service of the
summons = 2021/ON/80
2).State the modes of service of
Summons.= 201/MA/80
Meaning of Summons
1).Simply put, a summons is a legal
document issued by a Court 2).seeking before
it the presence of any individual 3).involved
in a legal proceeding.
4).The term “summons” has not been explicitly defined under any statute.
5).However, the essential ingredients of a summons
can be found in both --the Code of Civil Procedure,
1908 as well as the --Code of Criminal Procedure,
1973.
Defintion
1).As per P. Ramanatha Aiyar’s Law Lexicon,
#).a summons is a process
#).issued from the office of a court of justice
#).requiring the persons to whom it is addressed to
attend the court #).for the purpose therein stated
1).As per Wharton’s Law Lexicon,
pg. 2
,#).a summons is defined as the means
#).by which one party brings the other before a judge
#).to settle matters of details in the procedure of a suit
Laws Governing Summons
1).Provisions under sections 61 to 69 of CrPC deal with the forms of the summons
and their service in criminal cases. 2).Provisions under section 27 and Order V of
CPC deal with the service of summons in civil cases. 3).Order 16 deals with the
summoning of witnesses.
Why is it issued?
1).Audi Alteram Partem is one of the two basic principles of natural justice.
2).It means that no one should be condemned unheard.
3).To ensure justice is being served, all the parties involved must be given a chance to be heard.
4).This principle ensures an individual’s right to a fair trial and has been incorporated within the
ethos of our Constitution and legal machinery.
5).A summons is issued to inform the person, to whom it is issued, about his involvement in the
legal proceedings.
6).It is to give him a chance to set the record straight with the court, give his version of the facts
and defend himself.
7).Without such information being passed, the trial won’t be fair and would be against the rule
of law and principles of natural justice.
pg. 3
, Essentials in a summons
1).As per Order 5 Rule 1
The basic necessity in any summons is...
#).The sign of the Judge
#).The seal of the court issuing the summons
2).As per Order 16 and Rule
If summons send to witness then below details should be in summons
#).Date and time at which the witness is required to attend in the court
#).The reason for the procurement of the attendance of the witness
#).Attached evidence for the given reason
#).If the witness is called for producing any document, the name and description of the
document should be mentioned
Modes of Serving Summons [CPC]
https://lawcirca.com/different-modes-of-serving-summons-and-the-consequences-of-
avoiding-and-preventing-the-service-ofsummons/
http://www.patnalawcollege.ac.in/econtent/ISSUE%20AND%20SERVICE%20OF%20S
UMMONS.pdf #).The Civil Procedure Code, 1908 provides for the following modes of
service of summons:
pg. 4
