Summons to witness

 

Code of Civil Procedure Section

 

31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give evidence or to produce documents or other material objects.

 

Code of Civil Procedure Section

Power to order discovery and the like

 

Code of Civil Procedure Section

 

30. Power to order discovery and the like.—Subject to such conditions and limitations as may be prescribed, the Court may, at any time, either of its own motion or on the application of any party,—

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence;

(b) issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;

(c) order any fact to be proved by affidavit.

 

Code of Civil Procedure Section

Section 29: Service of foreign summonses

Code of Civil Procedure Section 28. Service of summons where defendant resides in another State.

¹[29. Service of foreign summonses.—Summonses and other processes issued by—

(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or

(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or

(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.]

Note 1: Subs. by Act 2 of 1951, s. 6, for s. 29.

Code of Civil Procedure Section 30. Power to order discovery and the like.

 

Service of summons where defendant resides in another State

 

Code of Civil Procedure Section

 

28. Service of summons where defendant resides in another State.—(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.

¹[(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record,—

(a) in Hindi, where the language of the Court issuing the summons is Hindi, or

(b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.]

Note 1: Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).

 

Code of Civil Procedure Section

Section 27: Summons to defendants

 

Code of Civil Procedure Section 26. Institution of suits.

SUMMONS AND DISCOVERY

27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed ¹[on such day not beyond thirty days from date of the institution of the suit.]

Note 1: Ins by s. 3, ibid. (w.e.f. 1-2-2002).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 28. Service of summons where defendant resides in another State.

Simplified Explanation:

Section 27 Summonses have to be issued to the defendants to appear and answer the claim and he should file the written statement within thirty days from the date of institution of the Suit. The period for filing the written statement has been fixed by amendment in 1999.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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Section 26: Institution of suits

 

Code of Civil Procedure Section 25. Power of Supreme Court to transfer suits, etc.

 

INSTITUTION OF SUITS

26. Institution of suits. — ¹[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed.

²[(2) In every plaint, facts shall be proved by affidavit:]

³[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of rule 15A.]

Note 1: Section 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).

Note 2: Ins by s. 3, ibid. (w.e.f. 1-2-2002).

Note 3: Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 27. Summons to defendants.

Simplified Explanation:

Section 26 (2) has been introduced by amendment providing that in every plaint, fact shall be verified by affidavit.

Judgment:

(a) In Vidyawati Gupta V. Bhakti Hari Naik & Ors., AIR 2006 SC 1194, the Supreme Court explained the scope of the amended provision observing that the purpose for its introduction was to eliminate the procedural delays in the disposal of the civil matters though, the provisions are directory in nature and noncompliance thereof would not automatically render the plaint non-est.

Section 25: Power of Supreme Court to transfer suits

Code of Civil Procedure Section 24. General power of transfer and withdrawal.

 

¹[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in an other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

Note 1: Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 26. Institution of suits.

Simplified Explanation:

Section 25 empowers the Supreme Court to transfer the case from a competent Court in one State to the Court of another State. The transfer should not be made when the proceedings in a case has reached the final stage or are likely to be concluded. While considering the application under Section 25, the Court must examine all the facts involved therein and inconvenience of a party cannot be a ground for transfer.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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