Summon & Types of Summons

Definition of Summon

A summon is a legal document issued by a court or a magistrate requiring a person to appear in court at a specified time. It serves as a notice to a party involved in a legal proceeding, informing them of the need to attend court either to answer a complaint or as a witness in a case.

Types of Summons

Summons for Settlement of Issues (Order V, Rule 1 & 5 CPC): This summon is issued to determine the issues in a case. It requires the defendant to appear in court to answer the claim and file a written statement of their defense. They must also produce all documents on which they base their defense or counterclaim .
Summons to Appear in Person (Order V, Rule 3 CPC): This is issued when the court requires the personal appearance of a party. The summon directs the individual to appear in court and produce any relevant documents on the specified date .
Summons in a Summary Suit (Order XXXVII, Rule 2 CPC): Used in cases of summary suits under Order XXXVII of the CPC, this summon requires the defendant to enter an appearance within 10 days of service. If the defendant fails to do so, the plaintiff is entitled to a decree without trial .
Summons for Judgment in a Summary Suit (Order XXXVII, Rule 3 CPC): This follow-up summon is issued after the defendant has entered an appearance. It schedules a hearing for the plaintiff’s application to obtain judgment against the defendant .
Summons to Legal Representative of a Deceased Defendant (Order XXII, Rule 4 CPC): Issued when the defendant in a suit has died, this summon is directed to the legal representative of the deceased, requiring them to defend the suit on the specified date .
Order for Transmission of Summons for Service in Another Court’s Jurisdiction (Order V, Rule 21 CPC): When the defendant resides outside the jurisdiction of the court, this summon is forwarded to the appropriate court for service .
Summons to Witnesses: The court may summon individuals to appear as witnesses or to produce documents relevant to the case .

Procedural Aspects

Service of Summons: The summons must be served a sufficient time before the court date to allow the person reasonable time for preparation and travel .
Consequence of Non-Appearance: If a person fails to comply with a summon, the court may issue a warrant for their arrest and order the attachment of their property .

Conclusion

Summons are a crucial part of the judicial process, ensuring that parties are properly notified and given the opportunity to present their case. Different types of summons serve various purposes, from settling issues to requiring personal appearance or the production of documents. Compliance with summons is mandatory, and failure to do so can result in legal consequences.