O.5 R.5 C.P.C.


Order 5 rule 5 of CPC says at the time of issuing the summons the Court shall deterime:-

1. Whether it shall be for the settelment of issues only; or

2. Whether it shall be for the final disposal of the Suit;

How the court determine either of the one only on the basis of the Plaint?

 
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Advocate

1-The Summons in  regualr suits will be for settlement  of  issues

2- In Small cause  suits the summons will be for final disposal  

 


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Advocate

The summons will be issued to Defendant/ Respondent and can appear and admits the  suit claim orally  and the statement be recorded by the Court..


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Maharasthra amendment to O.5 R.5 says at the time of issuing the summons the court shall determine:-

1. Whether it shall be for filing of writtent satement and the settlement of issues only; or

2. for the final disposal of the suit:

Do I therefore understand that,  if the summons is for the final disposal of the suit, non filing of the written statement by the defendant, despite the defendant appearing and not admitting the claim of the Plaintiff would be fatal to the defendant?

 
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