Description

Readymade Format of Civil Suit Summon under Order 5 Rule 1&5 by Phenix Bay Legal

What is Order V. Rules 1 and 5, Code of Civil Procedure

Order V, Rules 1 and 5 of the Code of Civil Procedure pertain to the filing and service of processes in civil proceedings. Rule 1 outlines the requirement for plaintiffs to present a plaint to the court, specifying the relief sought and adhering to prescribed formatting. Rule 5 elucidates the mode of service of such processes, emphasizing personal service whenever practicable and detailing alternative methods when personal service is not feasible. These rules are fundamental to ensuring procedural regularity and the effective administration of justice in civil matters.

Peocess to File Summons in Court

To file a summons under Order V, Rules 1 and 5 of the Civil Procedure Code, the following steps should be adhered to:

1. **Prepare the Summons**: The plaintiff or their legal representative must fill the summons according to the prescribed format outlined in Rule 1 of Order V. The summons should clearly state the name of the court, the case number, the names and addresses of the parties involved, and the nature of the relief sought.

2. **File the Summons with the Court**: The plaintiff or their legal representative must file the summons along with the plaint or other necessary documents with the appropriate court. This should be done in accordance with the rules and procedures governing the filing of documents in civil cases.

3. **Ensure Proper Service**: Once the summons is filed, it needs to be served on the defendant(s) in accordance with Rule 5 of Order V. Make a Procee Fee Application attached court Fee as per requirement then file it in Civil Section of the Court or in the case date also , as per the region court process.If required Registered Post can also be done.

4. **File Proof of Service**: After serving the summons on the defendant(s), the plaintiff or their representative must file a proof of service with the court. This proof typically includes an affidavit or certificate signed by the person effecting service, affirming the details of how and when the summons was served.This is typically required in Ad interim Stay Process.

5. **Monitor Compliance**: It is essential to monitor compliance with the service requirements outlined in Rule 5 to ensure that the summons is properly served on the defendant(s) within the stipulated time frame. Failure to serve the summons correctly may result in delays or procedural complications in the case.

By meticulously following these steps and adhering to the provisions of Order V, Rules 1 and 5, the plaintiff can effectively file and serve summons in accordance with the Civil Procedure Code.