Thanks for the guidance. We will make a case for maintainability of the suit in the W.S as suggested. There was an earlier guidance (in a diff thread) suggesting we can file an I.A for maintainablility subsequently.
In my question, "Final Hearing" should have read "Final Disposal" as stated in Order V, Rule 5 (Cut & Paste below): (I made a typo).
Order V, Rule 5
5. Summons to be either (1} to settle issues, or (2) to ascertain whether the suit is contested or not or (3) for final disposal.-The Court shall determine, at the time of issuing the summons, whether it shall be-(1) for the settlement of issues only, or (2) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit at once; or (3) for the final disposal of the suit; and the summons shall contain a direction accordingly:
Provided that in every suit heard by the Court of Small Causes, the summons shall be for the final disposal of the suit."
1) When does a court (other than a small claims court) issue summons for "final disposal"?