Meaning
Querist :
Anonymous
(Querist) 21 January 2012
This query is : Resolved
want to know the meaning of writ of summon from civil court mumbai.
ajay sethi
(Expert) 21 January 2012
writ directing a person to appear in court to answer a complaint
Shailesh Kr. Shah
(Expert) 21 January 2012
Query is not much clear. elaborate your query more to get reply.
Sankaranarayanan
(Expert) 21 January 2012
repeated query , any how the meaning is writ directing a person to appear in court to answer a complaint.
prabhakar singh
(Expert) 21 January 2012
An invitation by command to attend court on date specified.
Advocate. Arunagiri
(Expert) 21 January 2012
You may see the Bombay high court OS rules for more details :-
CHAPTER VI
WRIT OF SUMMONS
R. 69. Summons to defendant.—The Writ of Summons to appear and answer shall
be in one of the Form Nos. 8, 9 and 10 as may be applicable to the case with such variations
as the circumstances of the case may require.
R. 70. Name and address of the party or of the Advocate to be stated in every
process.—The name and address of a party or of the Advocate appearing for a party shall be
stated in every Writ of Summons, Notice, Warrant and every process of the Court issued at
the instance of such party or Advocate.
R. 71. Summonses, etc., how attested and signed.—All Writs of Summons, Rules,
Orders, Warrants and other mandatory processes shall be sealed with the seal of the Court
and shall have and bear the attestation of the Chief Justice or acting Chief Justice, or, in the
vacancy of the said office, of the senior puisne Judge and shall be signed by the Prothonotary
and Senior Master or the Master and Assistant Prothonotary or such one of the Assistant
Masters or Associates as the Prothonotary and Senior may from time to time direct, adding
thereto the date of signing.
R. 72. Sealing of summons, rule, decree.—The seal of the court shall not be affixed
to any Writ of Summons, Rule, order Warrant, or other mandatory process, unless the same
is signed by an Officer of the Court to be called the sealer and unless the name of the party or
his Advocate on record be subscribed thereto. The date of the sealing shall be inserted
below the signature of the sealer.
R. 73. Returnable date of summons matrimonial suits and hearing of such
suits.—(a) Unless otherwise ordered, the Writ of Summons in Matrimonial suits, other than
suits under the Indian Divorce Act, 1869, shall be made returnable three weeks after the date
of the filing of the plaint, if the defendant resides within the local limits of the Court, and five
weeks after the date of the filing of the plaint, if the defendant resides outside the said limits.
(b) Unless otherwise ordered, no such suit shall be heard and disposed of until after eight
clear days from the service of the Writ of Summons, if the defendant resides within the local
limits of the Court and until after fourteen clear days from such service, if the defendant
resides outside the said limits.
R. 74. In suits other than matrimonial and summary suits, writ of summons to
specify the time for filing an appearance or vakalatnama and written statement.—In
suits other than Matrimonial suits and Summary suits the Writ of Summons shall require the
defendant to file an appearance in person or a vakalatnama and a Written Statement of
defence within twelve weeks from the service of the summons upon him and to serve a copy
of the Written Statement on the plaintiff or his Advocate on record.
R. 75. Returnable date of summons in suits other than matrimonial and
summary suits.—(1) The Writ of Summons in suits, other than Matrimonial suits and
Summary suits, shall be made returnable on the day on which the suit is to be placed on
board for directions as herein provided in sub-rule (2).
Such suits to be placed on board for directions.—(2) Unless otherwise ordered,
such suits shall be placed for directions on the board of the Judge in Chambers on the first
and third Tuesdays in a month during the sittings of the Court, sixteen weeks after the date of
the filing of the plaint, if the defendant or all the defendants reside within the local limits of
the Court and eighteen weeks after the date of the filing of the plaint, if any one of the
defendants reside outside the said limits.
R. 76. Mode of service of summons.—A Writ of Summons shall be served within
the local limits of the Ordinary Original Civil Jurisdiction of the High Court by personal
service or, if the plaintiff so desires, by registered post pre-paid for acknowledgement.
Where the Writ of Summons is to be served at a place situate beyond the said limits, it may
be served by registered post pre-paid for acknowledgement. An acknowledgement
purporting to be signed by the defendant or an endorsement by a postal servant that the
defendant refused service shall be deemed to be prima facia proof of service. In all other
cases, the Court shall hold such inquiry as it thinks fit and either declare the summons to
have been duly served or order such further service as may in its opinion be necessary.
R. 77. Writ of summons and other process not to be served on Saturdays,
Sundays and holidays.—No Writ of Summons or other process shall be served on
Saturdays, Sundays or on holidays notified by the Court, except by leave of the Court or the
Judge in Chambers.
R. 78. Service at advocate’s office not to be effected after 5:30 p.m.—No Writ of
Summons or other process shall be served at the office of an Advocate after 5:30 p.m. on
week days.
R. 79. Undertaking by advocate to accept service.—A Writ of Summons need not
be served on a defendant personally, if his Advocate undertakes in writing to accept service,
and file a Vakalatnama.
R. 80. Only one writ may be served, when advocate appears for several
defendants.—Where an Advocate undertakes in writing to accept service and to file a
vakalatnama on behalf of more defendants than one, it shall be sufficient to serve only one
Writ of Summons on the said Advocate on behalf of his clients.
R. 81. Copy plaint to be furnished to the defendant.—Any defendant or his
Advocate applying to the plaintiff or his Advocate on record for a copy of the plaint and
exhibits annexed thereto shall be furnished with the same but where several of the defendants
are represented by the same Advocate, it shall be sufficient to supply one copy of the plaint
and exhibits to such Advocate:
Provided that if the application is made after the passing of a decree in a suit, such
copies need only be furnished to the defendant or his Advocate on payment of the copying
charges.
R. 82. Power to direct issue of fresh summons.—Whenever upon the further
amendment of any Writ of Summons the Prothonotary and Senior Master shall be of opinion
that a fresh Writ of Summons should be substituted, he shall direct it to be done and such
fresh writ of Summons shall be prepared by the plaintiff or his Advocate on record and be
examined, signed and sealed by the proper officer, and in such case, the Chief Translator’s
office shall be entitled only to a comparing fee of twenty paise per folio in respect of the
words inserted in the printed form of the writ of summons.
R. 83. Service of notice on Attorney General or Advocate General.—If the Court
directs that notice of any application be given to the Attorney General of India or to the
Advocate General of any State, the notice shall be issued and served by the Office of the
Prothonotary and Senior Master.
R. 84. Proof of service of Summons.—Unless the Court shall otherwise order, the
service of a Summons to appear and answer shall be proved by the vakalatnama having been
filed or when no vakalatnama has been filed, by evidence showing that the Summons was
served in the manner provided by the Code of Civil Procedure. Such proof shall ordinarily
be by the affidavit of the bailiff and (as to such matters as the bailiff cannot speak to of his
knowledge) of the person who attended the bailiff for the purpose of identification at the time
of service., or of such other person or persons as can speak to the identity of the person
served or to other matters necessary to be proved in respect of the service.
R. 85. When service through Court.—When the Summons has been served through
another Court, the service may be proved by deposition made before the Court through which
the service was effected.
R. 86. Substituted service.—Application for substituted service of the Writ of
Summons shall be made in chambers. The application shall be supported by an affidavit, and
in the case of service through another Court, by the deposition of the Officer who attempted
to make the service, and of such other person or persons as may have accompanied him for
the purpose of pointing out the party to be served, stating when where and how such service
was attempted to be made.
R. 87. Suits to be placed on board for dismissal if summons not served within six
months.—if the Writ of Summons is not served within six months from the date of the filing
of the plaint, the Prothonotary and Senior Master shall, unless good cause is shown, place the
suit on board for dismissal. The Prothonotary and Senior Master shall notify such suits on
his notice board one week before they are placed on the board for dismissal.
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Guest
(Expert) 21 January 2012
WRIT OF SUMMONS AND SUMMONS HAS NO MUCH DIFFERENCE. BOTH ARE ONE AND THE SAME AND THE EFFECTS ARE ONE AND THE SAME.
Raj Kumar Makkad
(Expert) 21 January 2012
I have also similar opinionn as expressed by senior experts.
