Dec 28, 2017
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What are Summons? How they are served?

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What are Summons?

Summons means A written notification issued by a civil court requiring that one must appear before the court in prescribed manner.  It issued by a Court are in writing, in duplicate, signed by the presiding officer of Court or other officer as the High Court may direct, and shall bear the seal of the Court. Its legal document issued by a Court on a person involved in a legal proceeding. It is severed on a person against whom legal action taken or any witness of legal proceeding. A summon served on defendant by plaintiff to ensure fair trial. If the summons not duly served then no action lies against the defendant. Summons case‖ means a case relating to an offence, and not being a warrant case. In the Code of Criminal Procedure, section 61 to 69 deals with summons.

How Served?

Following are modes of service of summon (section 62 of Code of criminal Procedure, 1973):

  • Every summon served by a police officer or any other officer as the State government thinks fit or an officer of the court or other public servant.
  • The summons, if practicable, served personally on the person summoned, by delivering or tendering one of the duplicates of the summons.
  • Summons served on any person, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate.

Service of Summons on Corporate Bodies and societies   (Section 63)

Service of a summons on a corporation served on the secretary, local manager. Also by letter sent by registered post in name of chief officer of the corporation in India. In this section “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act.1860.

 Service of summon when person serving cannot be found (Section 64)

If person summoned cannot found even after exercising due diligence, then summon served by leaving on duplicate for him with some male adult of his family. The person with whom the summon left, sign a receipt therefore on the back of the other duplicate.

Service of Summon on a Government servant ( Section 66 )

Where a person to whom, government employee or in service with Government, summon issued and also send it in duplicate to the head of Office of employed person. Such head serve the summon in manner provided in section 62. Also return it to the court after signing it.

Service of summon outside local limits ( Section 67 )

If the person summoned resides outside the local jurisdiction on the court, then send it to the magistrate of that local jurisdiction. Summon posted to magistrate of that local jurisdiction and served accordingly.

Proof of service in such cases and when serving officer not present( Section 68) 

Summon issued by court served outside its local jurisdiction and the officer who served summon, not present at the hearing. He needs submit a affidavit before the magistrate and also duplicate of the summon claim such endorsement to a person with whom it was left. Its permissible evidence and also the statement correct unless and until the contrary proved.

 Service of summons on witness by post ( Section 69 )

A court issues a summons to a witness by registered post on the address, he normally resides or carries on business or personally works for gain. When an acknowledgment that the witness refused to take delivery of summon, the court issuing the summons, declares that the summons has duly served.

 

 

 

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