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?
Y V Vishweshwar Rao (Advocate ) 13 November 2009
1-The Summons in regualr suits will be for settlement of issues
2- In Small cause suits the summons will be for final disposal
Sachin Bhatia (Advocate) 13 November 2009
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..
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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