What is summons?
1 Point No.1 A summons is a written order of the court to ensure the appearance of the person on the date and time specified in the summons. legal document that is issued by a Court on a person involved in a legal proceeding. When a legal action is taken against a person or when any person is required to appear in the court as a witness in a court proceedings, to call upon such person and ensure his presence on the given date of the proceedings, summons is served.
2 Point No.2 : What is written in the summons:
Name of the Court
Case Number
Title of the Case
Type of case
Date and time of appearance
Signed and sealed by the Judge
or
Signed and sealed by the officer appointed by the judge
Duly accompanied by the copy of the case
3 Legal Provisions of the summons: Order 5 Rule 1 C.PC.: "Summons"
(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 defense , if any, within thirty days from the date of service of summons on that defendant :

Provided that no such summons shall be issued when .the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim :

Provided further that where The defendants fails to file the written statement within the said period of thirty days , he shall be allowed to file the same on such other days 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 .

(2) A defendant to whom a summons has been issued under subrule (1) may appear

(a) in person, or

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or

(c) by a pleader accompanied by some person able to answer all such questions.

(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court.

4. Point No.4: Is it necessary to receive summons
Yes It is necessary to receive the summons, otherwise the officer of the court may note that the person upon whom the summons has been issued has refused to accept the summons and submit the report to the court.
5. What court can do thereafter the court may pass any adverse order against the person who does not appear as per the court
6. Person can take decision of his appearance: Many times , person takes the decision that we have done nothing and it is a totally false case against us so why should we go to court. No it cannot be done.

7. Who can appear after receive summons:
Party in person
His recognized agent through power of attorney holder



Namish Nigotia
Advocate (Rajasthan High Court)
Jaipur
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