Code of Civil Procedure

Code of Civil Procedure ITI/ITO
1. Order V - Issue & Service of Summons

2. Notice by the Ist party to the opposite party->Plaint(petion filed ny the plaintiff before
court)- >Suit -> Summons to the defendant -> Written Statement to be filed by the
defendant
3. With Summons-Copy of the Plaint should be attached
4. Personal Attendance can be insisted only when the defendant

Resides
(i) within the jurisdiction of the court (ii) with in 50 miles
(ii) 200 miles if 5/6th of the distance is connected byroad Rail or ship
5. Small Causes courts can issue Summons- only for final disposal
6. Not Only as witness- even for Production of document summons could be issued.
7. Instead of summons even letter could be sent.
8. Modes service of Summons:-

(i) Only copy of the summons to be served
(ii) Even on Agent or Manager. Master of a ship- is an Agent
(iii) Not found at residence for a reasonable time
(iv)Agent, male or female adult member of the family But not on the servant
If Defendant refuses or not found at the resident or no agents or members- service by

Affixure.
-Report stating circumstances name &address of the person identifying the house shall be
submitted by the serving official.
-Serving Officer shall be examined on oath
-Court then declares- Summon is duly served
-In addition to the above– summons could be sent by RPAD
-If Defendant or A gent refuses to receive the RPAD - Courts declare Valid Service
-If Acknowledgement not received within 30 day from date of issue- Deemed to have been
served.
Substituted service :- If defendant not found at the premises Last resided or carried on
business – service by affixure and the procedure is as the case of service by affixure as
detailed earlier.
The summons could be served with the help of other agencies.
If the defendant is :
within the Jurisdiction of other court through that court
in Prison through Officer In-charge for service
Outside India & no agent in India- By Post
residing in foreign territory where a political agent is appointed or Court is established as
per CPC then through such agent or court
Soldier, Sailor & Airman-through Commanding Officer
9. Service & endorsement by the serving agencies are required
10. Summons and attendance of witness- Order XVI & XVI (A)
11. If party wishes – to file application and list of witnesses to court

Witness without summons – permissible
12. Expenses in connection to the witnesses:-
The party applying –shall pay to court

H.C. makes rules in this regard
13. Particulars in the summons– Place, Purpose, details of document to be produced
14. Summons could be served by the party or court- if not served by the party, handed over to
court for service through messenger of the court.
Failure to comply with summons:-
avoids or failed to produce
proclamation issued by the court for attendance or production of documents
Proclamation is fixed on the outer door
warrant with or without bail- for arrest or attachment of property
but small causes court- has no such powers
Court excuses in case sufficient cause but cost of attachment shall be borne by the
defaulter
Fine not exceeding Rs. 500 for defaults.
Personal attendance of the witnesses could be insisted where the witness resides within
100 km or 500 km if public conveyance is available.
- But no limit for places connected with Air travel
- Any party fails to give evidence or document- his case could be dismissed for
default - the party to the suit could also be a witness
- Witnesses confined or detained in prison
- Personal attendance of imprisoned could be insisted only where the distance from
jail is below 25 km
- Commission could also be sent if the evidence is material.
Affidavit(O-XIX)
- Written Statement – of deponent- on oath duly affirmed before Court or Magistrate
or Commissioner
- Requires cross examination of the deponent
- The Court may order to prove fact by Affidavit
Attachment of Property (Sec-60, O-XXI)
- If money not paid within 30 days from date of passing decree- Court order for
affidavit with asset details
- If the Judgement Debtor failed to pay , the Decree Holder may apply to Court to
orally examine the J.D. with regards to his debts & asset
- Court order for attendance with Book or documents
- If Judgement debtor disobeys - Civil Prison not exceeding 3 months
Property not attachable:-
Tools of artisan, Personal ornaments, Books of A/c, PF, Gratuity, LIC,
Air, Army, Naval, Rs. 1000 & 2/3rd of the reminder(except maintenance),1/3rd of
salary in case of maintenance
Attachment of Moveable Property.
Delivered to Decree Holder or receiver
Kept under custody for 3 months then Sale by court - Balance Money after adjusting
all dues to the Judgement Debtor
Immovable property
Possession to Decree Holder – In case of illegal occupation, Evacuation will be by the
court
Court has power to Break open but time for women to withdraw
Tenant not bound by decree can occupy but to pay the rent to Decree Holder
affix the warrant & beat drum- Similar procedure for joint Ownership property
Civil procedure code ITI/ITO

Commission (O-XXVI)
I Court may issue commission in 5 cases:-If the witness

1. suffers from Sickness or exempted
2. resides beyond the jurisdiction of the court
3. is about to leave India
4. is a Govt. Servant & appearance affects his official duty
5. resides out side India
Evidence taken by commission could be produced before the court as evidence with the consent
of the opposing party.
II Commission for local Investigation for the following
(1) To Elucidating facts

(2) To ascertain market value
(3) To ascertain profits, damages or annual net profits
III Other types of commissions
Scientific investigation
Commission for sale of Moveable property that are in the custody of court
Crop valuation- accounts of partial partition
Commission by H.C. at the instance of foreign tribunals
Expenses should be borne by Party at/for whose instance / benefit commission was
granted
IV Powers
(1) Examine Parties &Witnesses
(2) Call for documents, records
(3) Enter any premises connected to the dispte
(4) Proceed exparte
(5) Summon & examine witnesses => in this regard deemed to be Civil Court
Review (Sec. 114, Order- XLVII)
I Situations warranting review
1. Fresh new & important material or evidence - not within knowledge of or could
not have been produced by the aggrieved party when the original decree was made
2. Apparent Mistake of-law, fact or procedure
3. on any other sufficient cause
II Other points involved in review
4. No Review if appeal has been preferred on same ground
5. No Review for order passed on the Review application.
6. After withdrawal appeal Review petition can be in the original court.
7. After filing review , appeal is preferred, review could be kept pending till disposal
of the appeal
8. Limitation period for filing petition 30 days from the date of order
9. Review Petition shall be filed before the same court- in case High Court it should
be before the same judge or his successors
10. If petition is dismissed for default- it can be restored for sufficient cause. Rejection
of application on failure of applicant to appear- can be restored if he proves that
he was prevented by the sufficient cause.
11. Form of application for review- Same form preferring for appeal
12. No application of review without notice to the opposite party
13. Order of rejection of review’s application – final& not appealable
NOTE: The Symbol *** denotes most important
The underlined and Blocked portions are to be studied thoroughly
Best wishes from MSTU Chennai

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Code of Civil Procedure ITI/ITO

1. Order V - Issue & Service of Summons

3. With Summons-Copy of the Plaint should be attached

4. Personal Attendance can be insisted only when the defendant

7. Instead of summons even letter could be sent.

8. Modes service of Summons:-

If Defendant refuses or not found at the resident or no agents or members- service by

9. Service & endorsement by the serving agencies are required

11. If party wishes – to file application and list of witnesses to court

The party applying –shall pay to court

13. Particulars in the summons– Place, Purpose, details of document to be produced

Civil procedure code ITI/ITO

I Court may issue commission in 5 cases:-If the witness

(1) To Elucidating facts

Review (Sec. 114, Order- XLVII)

I Situations warranting review

NOTE: The Symbol *** denotes most important

The underlined and Blocked portions are to be studied thoroughly

Best wishes from MSTU Chennai

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