1.

Issue and Service of Summons (20 Marks)

Introduction: A summons is a legal document issued by a court to a defendant, directing them
to appear and respond to a suit. The process is governed by Order 5 of the Code of Civil
Procedure (CPC), 1908. The objective is to give the defendant a fair opportunity to defend
themselves, upholding the principle of natural justice.
a) Issue of Summons and Documents:
●​ Initiation: When a plaint is admitted, the court issues a summons to the defendant.
●​ Content: The summons must be signed by the judge or an officer appointed by the court
and must include the date of hearing.
●​ Accompaniments: A copy of the plaint and other relevant documents filed by the plaintiff
must be attached to the summons. This ensures the defendant is fully aware of the
allegations against them.
●​ Purpose: To formally notify the defendant of the suit and to require their appearance on a
specific date to answer the claims.
b) Service of Summons:
●​ Definition: The official delivery of the summons to the defendant. Proper service is a
mandatory prerequisite for the court to proceed against the defendant.
●​ Persons Who Can Serve:
○​ Court Officer: Typically, a bailiff or other authorized officer of the court.
○​ Registered Post: Service is valid when sent by registered post with
acknowledgment due.
○​ Courier/Electronic Means: The court can permit service via an approved courier
service or through electronic means like email, provided certain conditions are met.
○​ Plaintiff: The court may, in certain circumstances, allow the plaintiff or their agent to
serve the summons.
c) Modes of Service:
●​ Personal or Direct Service: The summons is tendered directly to the defendant, who is
required to sign an acknowledgment.
●​ Service by Post: The summons is sent via registered post to the defendant's last known
address. The postal acknowledgment receipt serves as proof of service.
●​ Substituted Service: A last resort when personal service is not possible. The court must
be satisfied that the defendant is evading service. Modes include:
○​ Affixing a copy of the summons on a conspicuous part of the defendant's house.
○​ Publication of the summons in a daily newspaper.
●​ Service on Agent: If the defendant has an agent with the authority to accept service, the
summons can be served on the agent.
d) Effect of Non-Compliance:
●​ Failure by Plaintiff: If the plaintiff fails to take steps for service, the court may dismiss the
suit.
●​ Non-Appearance of Defendant: If a defendant, after being properly served, does not
appear, the court can proceed ex-parte (in their absence) and pass a decree.
e) Exemption from Appearance:
●​ The court has the power to exempt a person from personal appearance, allowing them to
appear through a pleader. This is generally for reasons of rank, social custom (e.g.,
purdah), or physical inability.
Conclusion: The process of issuing and serving a summons is a cornerstone of civil procedure,
ensuring that no one is subject to a judgment without being given a proper chance to be heard.

2. Pleadings, Verification, and Amendment (20 Marks)

Introduction: Pleadings are the formal written statements submitted by the parties to a civil suit,
setting out the material facts of their case. They are the foundation of the suit and help define
the issues to be decided by the court. The rules are laid down in Order 6 of the CPC.
a) Purpose of Pleadings:
●​ Defining Issues: Pleadings serve to pinpoint the specific facts that are in dispute
between the parties.
●​ Preventing Surprise: By setting out the case in writing, each party is given notice of the
arguments they must counter.
●​ Recording Facts: Pleadings serve as a permanent record of the facts alleged by each
party, limiting the scope of the trial.
b) Forms and Particulars:
●​ Form: Pleadings must be concise and written in serially numbered paragraphs. They
must be signed by the party and their pleader.
●​ Particulars: A pleading must contain only material facts on which a party relies, and not
the evidence to prove those facts.
●​ Mandatory Particulars:
○​ For a plaint: facts showing the cause of action, jurisdiction, and the relief claimed.
○​ For a written statement: specific denials of the plaintiff’s allegations and any new
facts constituting a defense.
c) Verification:
●​ Definition: A sworn statement by the party or a person acquainted with the facts that the
contents of the pleading are true to their knowledge and belief.
●​ Purpose: To ensure the authenticity and seriousness of the facts pleaded.
●​ Procedure: The verification must state which paragraphs are being verified from personal
knowledge and which from information received and believed to be true. The verifying
person must also sign and date the statement.
d) Amendment of Pleadings:
●​ Power of the Court: The court has a wide discretionary power under Order 6, Rule 17 to
allow a party to amend their pleadings.
●​ Purpose of Amendment: An amendment is allowed if it is necessary to determine the
real questions in controversy between the parties.
●​ Conditions for Amendment:
○​ Not to change the nature of the suit: The amendment should not completely alter
the original cause of action.
○​ Not to cause injustice: It should not prejudice the other party in a way that cannot
be compensated by costs.
○​ Cannot be frivolous: It must be a bona fide amendment.
●​ Stage of Amendment: Amendments can be allowed at any stage of the proceedings,
even at the appellate stage, though the court is more cautious about allowing them after
the trial has begun.
Conclusion: Pleadings are the backbone of civil litigation. The rules governing their content,
verification, and amendment ensure that disputes are framed clearly and fairly, leading to an
efficient and just resolution.
3. Plaint: Particulars, Relief, and Admission (20 Marks)
Introduction: A plaint is the very first document filed by a plaintiff to initiate a civil suit. It is the
plaintiff’s statement of claim, and its contents are governed by Order 7 of the CPC. A properly
drafted plaint is crucial for the success of a suit.
a) Particulars and Contents of a Plaint:
●​ Name of the Court: The court in which the suit is filed.
●​ Party Details: The names, descriptions, and places of residence of the plaintiff and
defendant.
●​ Facts Constituting Cause of Action: The core of the plaint. It must clearly state the
facts that give rise to the plaintiff’s right to sue and when the cause of action arose.
●​ Jurisdiction: Facts demonstrating that the court has the necessary territorial and
pecuniary jurisdiction to hear the suit.
●​ Value of the Suit: A statement of the value of the subject matter for the purpose of court
fees and jurisdiction.
●​ Relief Claimed: A clear statement of the remedy or remedies sought by the plaintiff.
b) Relief and Grounds of Relief:
●​ Relief: The specific remedy the plaintiff is asking the court to grant. This could be
monetary compensation, an injunction, specific performance of a contract, or a
declaration of rights.
●​ Grounds of Relief: These are the legal and factual reasons that justify the claim for relief.
For example, in a suit for damages due to breach of contract, the grounds are the
existence of the contract, its breach by the defendant, and the resulting loss to the
plaintiff. The grounds must be clearly linked to the facts stated in the plaint.
c) Admitting Plaint:
●​ Scrutiny by Court: When a plaint is filed, the court's officer scrutinizes it to ensure it
complies with all legal requirements.
●​ Acceptance: If the plaint is in order, a unique number is assigned, and it is formally
admitted. The court then issues a summons to the defendant.
●​ Rejection: The court may reject a plaint at this stage if it finds any of the grounds
specified in Order 7, Rule 11. This is a critical initial check to filter out non-viable suits.
d) Legal Requirements for a Valid Plaint:
●​ The plaint must be signed and verified by the plaintiff.
●​ It must be filed in duplicate.
●​ It must be accompanied by all necessary documents and a list of documents the plaintiff
intends to rely on.
●​ It must have the correct court fee stamp.
Conclusion: The plaint is the foundation of a civil suit. Its meticulous drafting is essential to
ensure that the plaintiff's case is properly presented and that the court has all the necessary
information to proceed.

4. Return, Rejection, and Accompaniments to Plaint (20 Marks)

Introduction: The filing of a plaint does not guarantee its admission. The CPC provides for the
return or rejection of a plaint under specific circumstances, as well as the mandatory documents
that must accompany it. These provisions ensure that suits are filed in the correct court and in
the proper format.
a) Return of Plaint:
●​ Grounds: The court returns a plaint when it lacks the jurisdiction (either territorial or
pecuniary) to hear the suit.
●​ Procedure: The judge makes an endorsement on the plaint, stating the date of its
presentation and return, the name of the returning judge, and the reasons for the return.
●​ Effect: The returned plaint is not a dismissal of the suit. The plaintiff can present the
same plaint in the court that has proper jurisdiction. The period of limitation is not affected,
as the original date of filing can be considered.
b) Rejection of Plaint:
●​ Grounds (Order 7, Rule 11): A plaint is rejected under the following circumstances:
○​ No Cause of Action: The plaint fails to disclose any facts that would entitle the
plaintiff to a legal remedy.
○​ Undervaluation: The relief claimed is undervalued, and the plaintiff fails to correct
the valuation within the time fixed by the court.
○​ Insufficient Stamping: The plaint is filed on insufficient stamp paper, and the
plaintiff fails to supply the correct stamp paper.
○​ Barred by Law: The suit appears from the statement in the plaint to be barred by
any law (e.g., the law of limitation).
○​ Failure to File Duplicates: The plaintiff fails to file the plaint in duplicate.
●​ Effect of Rejection: Rejection of a plaint terminates the suit. However, the plaintiff is not
barred from filing a fresh suit on the same cause of action, provided it is not barred by the
law of limitation.
c) Distinction between Return and Rejection:
●​ Return: Procedural correction. The suit is not dismissed. The court lacks jurisdiction.
●​ Rejection: A final decision on a technical defect. The suit is dismissed. The court has
jurisdiction but the plaint is legally flawed.
d) Accompaniments to Plaint:
●​ List of Documents: The plaintiff must file a list of documents on which they intend to rely.
●​ Copies of Documents: Copies of the documents listed must be filed with the plaint. The
originals are to be produced in court later.
●​ Registered Address: The plaintiff must provide a registered address for the service of
court notices and documents. This is crucial for smooth communication during the
proceedings.
Conclusion: The provisions for the return and rejection of plaints act as a critical gatekeeping
mechanism, ensuring that only legally sound suits are admitted and that they are filed in the
appropriate court. The mandatory accompaniments further streamline the process and ensure
transparency.

5. Written Statement, Counter Claim, and Set-off (20 Marks)

Introduction: A written statement is the defendant's formal response to the plaint. It is the
defendant’s primary pleading and is governed by Order 8 of the CPC. It is an opportunity for the
defendant to admit or deny the plaintiff's allegations and to present their own defense.
a) Written Statement:
●​ Purpose: To inform the plaintiff and the court of the specific facts that the defendant
disputes and the grounds on which they contest the suit.
●​ Contents:
○​ Specific Denials: The defendant must specifically deal with each allegation of fact
 in the plaint.
○​ New Facts: The defendant must raise any new facts that are relevant to their
defense.
○​ Lack of Knowledge: If the defendant has no knowledge of an allegation, they must
state so, and this is treated as a denial.
●​ Effect of Non-Denial: Any fact not specifically denied is deemed to be admitted. This is
a crucial rule to prevent evasive pleadings.
b) Counter Claim:
●​ Definition: A claim made by the defendant against the plaintiff. It is a separate cause of
action that can be heard and decided in the same suit.
●​ Purpose: To avoid multiplicity of proceedings. If the defendant has a claim against the
plaintiff, they can pursue it in the same suit.
●​ Conditions:
○​ The counter claim must be one that can be the subject of a separate suit.
○​ It must be related to the plaintiff's cause of action, or it must be a claim for a sum of
money.
●​ Procedure: A counter claim is treated as a plaint, and the plaintiff is required to file a
written statement in response to it.
c) Set-off:
●​ Definition: A plea by the defendant for an ascertained sum of money that they want to be
adjusted against the plaintiff's claim.
●​ Types of Set-off:
○​ Legal Set-off: The claim must be for a liquidated (ascertained) sum of money and
legally recoverable by the defendant from the plaintiff.
○​ Equitable Set-off: The claim is not for an ascertained sum, but it arises from the
same transaction as the plaintiff’s suit.
●​ Distinction from Counter Claim:
○​ A set-off can only be for a sum of money. A counter claim can be for any relief.
○​ A set-off is a defense, while a counter claim is a cross-suit.
d) Grounds of Defence:
●​ The defendant must clearly state the facts and legal arguments that form their defense.
This could include:
○​ The suit is barred by the law of limitation.
○​ The court lacks jurisdiction.
○​ The plaintiff's claim is fraudulent or based on misrepresentation.
○​ Denial of the facts alleged in the plaint.
Conclusion: The written statement, with its provisions for admissions, denials, counter claims,
and set-off, is a powerful tool for the defendant. It allows them to not only defend against the
plaintiff's claim but also to pursue their own claims against the plaintiff within the same suit,
ensuring a complete and efficient resolution of the dispute.

6. Appearance, Non-Appearance, and Ex-parte Decrees (20 Marks)

Introduction: The appearance of parties on the date of hearing is a fundamental aspect of civil
litigation. The CPC outlines the consequences of non-appearance and provides remedies for a
party aggrieved by an ex-parte decree.
a) Appearance of Parties:
●​ Requirement: On the day fixed in the summons, the parties (plaintiff and defendant) must
 appear either in person or through their pleaders.
●​ Registered Address: Each party is required to provide a registered address for service
of court processes. This ensures all communication is delivered effectively.
b) Consequences of Non-Appearance:
●​ Plaintiff's Non-Appearance: If the plaintiff fails to appear, the court may dismiss the
suit for default. The plaintiff may then apply to have the suit restored, showing a
sufficient cause for their non-appearance.
●​ Defendant's Non-Appearance: If the defendant, despite being properly served with a
summons, fails to appear, the court can proceed ex-parte.
○​ Ex-parte Hearing: The court will hear the plaintiff's evidence and may pass a
decree in favor of the plaintiff.
○​ Ex-parte Decree: The decree passed in the absence of the defendant is called an
ex-parte decree. It is as binding as a decree passed after a full trial.
c) Setting Aside Ex-parte Decrees:
●​ Remedy for Defendant: The defendant can apply to the court to have the ex-parte
decree set aside. This is governed by Order 9, Rule 13 of the CPC.
●​ Grounds for Setting Aside: The defendant must satisfy the court that there was a
sufficient cause for their non-appearance. Examples of sufficient cause include:
○​ The summons was not properly served.
○​ The defendant was seriously ill or incapacitated.
○​ An unforeseen event prevented the defendant from appearing.
●​ Procedure:
○​ The defendant must file an application to set aside the decree within the period of
limitation.
○​ The application must be supported by an affidavit explaining the reasons for
non-appearance.
●​ Court's Discretion: If the court is satisfied with the reasons, it will set aside the ex-parte
decree and restore the suit to its original position. It may impose costs on the defendant.
●​ Remedy for Plaintiff: If the suit is dismissed for default, the plaintiff can apply under
Order 9, Rule 9 to have it restored, showing sufficient cause for their non-appearance.
Conclusion: The rules regarding appearance and non-appearance are essential for the smooth
functioning of the judicial system. While the court has the power to proceed ex-parte to prevent
delays, it also provides a crucial remedy to a defendant who can prove they had a valid reason
for their absence, ensuring that justice is not sacrificed for the sake of speed.