Order XXVII - Issue and Service of Summons : Supreme Court Rules 2013

What is the procedure for Issue and Service of Summons? Order XXVII of Supreme Court Rules 2013

Order XXVII of Supreme Court Rules 2013 : "Issue and Service of Summons"

1. When a suit has been duly instituted a summons shall be issued to the defendant to appear and answer the claim.

2. Every summons shall be signed by the Registrar, and shall be sealed with the seal of the Court.

3. Every summons shall be accompanied by a copy of the plaint.

4. The summons shall be served by being sent by registered post to the Attorney-General for India or the Advocate-General for the State, as the case may be, or to an advocate-on-record of the defendant empowered to
accept service.

5. There shall be endorsed on every summons a notice requiring the defendant to enter an appearance within twenty-eight days after the summons has been served.

6. A defendant shall enter the appearance by filing in the Registry a memorandum in writing containing the name and place of business of his advocate-on-record if any, and in default of appearance being entered within the time mentioned in the summons, or as hereinafter provided, the suit may be heard ex-parte.

7. The defendant shall forthwith give notice of his having entered an appearance to the plaintiff.

8. The plaintiff shall within fourteen days after the defendant has entered an appearance take out asummons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such direction with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient.