Appendix B — PROCESS

CPC · 20 forms

S UMMONS FOR DISPOSAL OF SUIT
(O. V, Rr.1, 5.)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
W HEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for you are hereby
summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material
questions relating to the suit, or who shall be accompanied by some person; able to answer all such
questions, on the..........................day of...............20..................,at.........................o’clock in
the.................................... noon, to answer the claim; and as the day fixed for your appearance is
appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses
upon whose evidence and all the documents upon which you intend to rely in support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and
determined in your absence.
G IVEN under my hand and the seal of the Court, this..............day of.................................20……….
Judge.
N OTICE —1. Should you apprehend your witnesses will not attend of their own accord, you can have
a summons from this Court to compel the attendance of any witness, and the production of any document
that you have a right to call upon the witness to produce, on applying to the Court and on depositing the
necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.

(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
W HEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for……………………………..you are hereby summoned to appear in this Court in person, or by a
pleader duly instructed, and able to answer all material question relating to the suit, or who shall be
accompanied by some person able to answer all such questions, on
the.........................................................day of……......................20....................., at......................o’clock
in the………….................noon, to answer the claim, 1 [and further you are hereby directed to file on that
day a written statement of your defence and to produce on the said day all documents in your possession
or power upon which you base your defence or claim for set-off or counter-claim and where you rely on
any other document whether in your possession or power or not, as evidence in support of your defence
or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written
statement].
Take note that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
G IVEN under my hand and the seal of the Court, this .............. day of .................. 20 ...........
Judge.
N OTICE —1. Should you apprehend your witnesses will not attend of their own accord, you can
have a summons from this Court to compel the attendance of any witness, and the production of any
document that you have a right to call on the witness to produce, on applying to the Court and on
depositing the necessary expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit,
to avoid execution of the decree, which may be against your person or property, or both.

(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
W HEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you
for...............you are hereby summoned to appear in this Court in person on the….............................. day
of ...................... 20........................................at o’clock in the....................................noon, to answer the
claim; and you are directed to produce on that day all the documents upon which you intend to rely in
support of your defence.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
G IVEN under my hand and the seal of the Court, this.......................... day of .......... .…..20………
Judge.
1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f. 1-2-1977).

(O. 37, r. 2)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
W HEREAS ........................... has instituted a suit against you under Order XXXVII of the Code of Civil
Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be
entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled,
after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may
order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a
summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend
the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is
defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
G IVEN under my hand and the seal of the Court, this............................day
of...........................20...........
Judge.]

(O. 37, r. 3)
(Title)
…………In the....................Court, at......................Suit No............................of 20…………..XYZ
Plaintiff
Versus
ABC Defendant
Upon reading the affidavit of the plaintiff the Court makes the following order, namely :—
Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of
.................. 20………., at ..........................o’clock in the forenoon on the hearing of the application of
the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one
or some or several, insert names) for Rs....................and for interest and costs.
Date the ......................day of.................. 20………...]
Judge.
1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f. 1-2-1977).
2. Ins. by s. 94, ibid. (w.e.f. 1-2-1977).

(O. 1, r. 10)
(Title)
To
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
W HEREAS .........................has instituted the suit against.........................for..............................and
whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable
the Court effectually and completely to adjudicate upon and settle all the questions involved.
Take notice that you should on or before the .................. day of ........................ 20, signify to this
Court whether you consent to be so added.
Given under my hand and the seal of the Court, this ................. day of ............ 20……..
J ud ge.

(O. 22, r. 4)
(Title)
To ……………………………………..
WHEREAS the plaintiff...........instituted a suit in this Court on the..........................day
of..............,20....against the defendant........who has since deceased, and whereas the said plaintiff has
made an application to this Court alleging that you are the legal representative of the said,…….
deceased, and desiring that you be made the defendant in his stead.
You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., at
…………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said
suit will be heard and determined in your absence.
G IVEN under my hand and the seal of the Court this.................. day of .......... 20………
J ud ge.

(O. 5, r. 21)
(Title)
W HEREAS it is stated that .............................................................................................
defendant in the above suit is at present residing in..........................................................
witness
It is ordered that a summons returnable on the day of...........................20......., be forwarded to
the..............Court of for service on the said defendant/witness............ with a duplicate of this
proceeding.
The court-fee of ............. chargeable in respect to the summons has been realised on this Court in
stamps.
Dated ........................20 .........
Judge.

(o . 5, r. 25)
(Title)
To
...........................
...........................
The Superintendent of the Jail at........................................................................................................
............................................. .............................................................................................................
UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons
in duplicate is herewith forwarded for service on the defendant..................who is...............a prisoner in
jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to
return the original to this Court signed by the said defendant, with a statement of service endorsed
thereon by you.
Judge.

(O. 5, rr. 27, 28)
(Title)
To
……………….
……………….
Under the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure,
1908, a summons in duplicate is herewith forwarded for service on the defendant…………….who is
stated to be serving under you. You are requested to cause a copy of the said summons to be served upon
the said defendant and to return the original to this Court signed by the said defendant, with a statement of
service endorsed thereon by you.
Judge.

(O. 5, r. 23)
(Title)
Read proceeding from the .................. forwarding ................ for service on ................... in Suit No.
...........................of 20 of that Court.
Read Serving Officer’s endorsement stating that the.....................and proof of the above having been
duly taken by me on the oath of............................ and.................................it is ordered that the...............be
returned to the.............with a copy of this proceeding.
Judge.
N OTE .—This form will be applicable to process other than summons, the service of which may have
to be effected in the same manner.

(O. 5, r. 18)
(Title)
The affidavit of ................................ , son of ...................................................................................................
I............................................................................................................................ make oath
affirm
and say as follows:—
(1) I am a process-server of this Court.
summons
(2) On the day of......................................20...........I received a
notice
issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated
the………….…day of ..............20................, for service on……….
summons
(3) The said...............was at the time personally known to me, and I served the said
notice
him on the ..........day of........20........, at about....................o’clock in the ................
her
his
................noon at......................by tendering a copy thereof to him and requiring
her her
signature to the original summons/notice
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose
presence.
(b) Signature of process-server.
or,
(3) The said........................not being personally known to me accompanied me............to
summons
and pointed out to me a person whom he stated to be the said......., and I served the said.....
notice
on him
on the ......................day of...................20......., at about...............o’clock in the..........
her
noon at.....by tendering a copy thereof to him and requiring his signature to the original summon
her her notice
(a)
(b)
(a) Here state whether the person served signed or refused to sign the process, and in whose
presence.
(b) Signature of process-server.
or,
(3) The said.............and the house in which he ordinarily resides being personally known to me, I
went to the said house, in ................and thereon the .................day of ......................20…………………
at about.......................o’clock in the...............noon, I did not find the said....................
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to
Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
(3) One...........accompanied me to....................and there pointed out to me which he said was the
house in which......................ordinarily resides. I did not find the said...............there.
(a)
(b)
(a) Enter fully and exactly the manner in which the process was served, with special reference to
Order 5, rules 15 and 17.
(b) Signature of process-server.
or,
If substituted service has been ordered, state fully and exactly the manner in which the summons was
served with special reference to the terms of the order for substituted service.
Sworn
by the said............................................................................................................before me
affirmed
this......................................................day of..................20..............
Empowered under section 139 of the
Code of Civil Procedure, 1908, to
administer the oath to deponents.

(O. 9, r. 6)
(Title)
To
......................................................... [Name, description and place of residence.]
W HEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the
plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been
proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time
to enable you to appear and answer on the day fixed in the said summons;
Notice is hereby given to you that the hearing of the suit is adjourned this day and that
the................... day of..........................20....................................is now fixed for the hearing of the same;
in default of your appearance on the day last mentioned the suit will be heard and determined in your
absence.
G IVEN under my hand and the seal of the Court, this .........................day of ............... 20.......
J ud ge.

(O. 16, rr. 1, 5)
(Title)
To
...................................................... ............[Name, description and place of residence.]
W HEREAS your attendance is required to................................................................................................
on behalf of the...........................................................................................................................in the above
suit, you are hereby required [personally] to appear before this Court on the................................... day of
.........20........, at.........o’clock in the forenoon, and to bring with you [or to send to this……….Court].
A sum of Rs................, being your travelling and other expenses and subsistence allowance for one
day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to
the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil
Procedure, 1908.
G IVEN under my hand and the seal of the Court, this............................day of.....................20...............
Judge.
N OTICE .—(1) If you are summoned only to produce a document and not to give evidence, you shall
be deemed to have complied with the summons if you cause such document to be produced in this Court
on the day and hour aforesaid.
(2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be
tendered to you for each day’s attendance beyond the day specified.

(O. 16, r. 10)
(Title)
To
...................................................... ............[Name, description and place of residence.]
W HEREAS it appears from the examination on oath of the serving officer that the summons could not
be served upon the witness in the manner prescribed by law; and whereas it appears that the
evidence of the witness is material, and he absconds and keeps out of the way for the purpose of
evading the service of the summons; This proclamation is, therefore, under rule 10 of Order XVI of the
Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on
the..................... day of................ 20......... at..........o’clock in the forenoon and from day to day until he
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law.
GIVEN under my hand and the seal of the Court, this ............... day of ............. 20………. ....
judge.

(O. 16, r. 10.)
(Title)
To
...................................................... ............[Name, description and place of residence.]
W HEREAS it appears from the examination on oath of the serving officer that the summons has been
duly served upon the witness, and whereas it appears that the evidence of the witness is material and
he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10
of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this
Court on the.......day of.............. 20......... at........o’clock in the forenoon, and from day to day until he
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law.
G IVEN under my hand and the seal of the Court, this....................day of........................20………….
Judge.

(O. 16, r. 10.)
(Title)
To
The Bailiff of the Court.
W HEREAS the witness..........................................................................................................................cited by
............................................................................................................................. .......has not, after the
expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You
are hereby directed to hold under attachment................... property belonging to the said witness to the
value................... of and to submit a return, accompanied with an inventory thereof, within…….. days.
G IVEN under my hand and the seal of the Court, this.................................. day of............................. 20
........................................
Judge.

(O. 16, r. 10)
(Title)
To
The Bailiff of the Court.
W HEREAS................................................................................. has been duly served with a summons but has
failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons);
You are hereby ordered to arrest and bring the said...................................................................before the
Court.
You are further ordered to return this warrant on or before the ................ day of...........................
20 ............ with an endorsement certifying the day on and the manner in which it has been executed,
or the reason why it has not been executed.
G IVEN under my hand and the seal of the Court, this................... day of............................. 20…………
Judge.

(O. 16, r. 16)
(Title)
To
The Officer in charge of the Jail at ..........................................
W HEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court
that security be taken for the appearance of...... give evidence (or to produce a document), on the day of
....................................................................................................... 20 and whereas the Court has
called upon the said.............to furnish such security, which he has failed to do; This is to require you to
receive the said...........into your custody in the civil prison and to produce him before this Court at
.....................................on the said day and on such other day or days as may be hereafter ordered.
G IVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............
Judge.

(Title)
To
The Officer in charge of the Jail at ..................................
W HEREAS........................... , whose attendance is required before this Court in the above-named case to
give evidence or to produce a document), has been arrested and brought before the Court in custody;
and whereas owing to the absence of the plaintiff (or defendant), the said...................cannot give such
evidence (or produce such document); and whereas the Court has called upon the said to..................to-
give security for his appearance on the.............................day……………….of................20................,
at....................................which he has failed to do; This is to require you to receive the said....... into
your custody in the civil prison and to produce him before this Court at............. on the................ day
of............................... 20
G IVEN under my hand and the seal of the Court, this day of………………..20………………
J ud ge.