Summons is a document issued from the office of a court of justice, calling upon the person to whom it is directed to attend before a judge or officer of the court on the day mentioned therein.
When summons may be issued:
(1) When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:
Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiffs claim:
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ADVERTISEMENTS:
Provided further that where the defendant fails to file the written statement within the staid period of thirty days, he shall be allowed to file the same on such other day as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons (O. V, R. 1).
Particulars:
Every summons shall (i) intimate to the defendant the date of hearing and whether he is to appear in person or by a pleader; (ii) contain a direction whether the date is fixed for settlement, of issues only or for final disposal of the suit, and (iii) order the defendant to produce all documents in his possession or power upon which he intends to rely in support of his case. A summons in a Small Cause Court suit shall be for final disposal and shall direct the defendant to produce his witnesses on the date fixed.
Exemption from personal appearance:
No party shall be ordered to appear in person:
ADVERTISEMENTS:
(1) Unless he resides (a) within the local limits of the court’s ordinary original jurisdiction, of (b) without such limits but a place less than 50 or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the court is situate) less than 200 miles distance from the court house (O. 5, R. 4);
(2) If she is a woman not appearing in public according to the customs and manners of the country (Section 132); and
(3) If he is exempted by the State Government by notification in the Official Gazette due to his rank, which, in the opinion of such Government, entitles him to the privilege of exemption. (Section 133).