Summons for Disposal of Suit

A summons for disposal of suit, also known as a summons for final disposal, is an essential legal document in the civil litigation process. Governed by the Code of Civil Procedure (CPC), specifically under Order V, this summons is a directive issued by the court to a party involved in a lawsuit, compelling them to appear in court to address specific issues related to the case. The summons may serve various purposes, including answering questions about the suit, settling issues or ensuring the final disposal of the suit.

Purpose and Issuance of Summons

The primary purpose of a summons for disposal of suit is to ensure the presence of the parties involved so that the court can proceed with the necessary judicial actions. When a court issues such a summons, it aims to either facilitate the final resolution of the suit or to address specific issues that need settlement before moving forward.

The court determines the nature of the summons—whether it is for final disposal or for the settlement of issues—at the time of issuance. This determination is important as it dictates the course of the judicial proceedings and the obligations of the parties involved.

Understanding Summons Under Order 5, Rule 5

A summons is essentially a legal document issued by a court, commanding the presence of a person in court. Under Order 5, Rule 5, the summons can be issued for two primary purposes:

1. Settlement of Issues: This type of summons requires the parties to appear in court to settle preliminary issues before the main hearing.
2. Final Disposal of the Suit: This summons calls the parties to court for the final adjudication of the suit.

The court, at the time of issuing the summons, determines whether it is for the settlement of issues or for the final disposal. This determination is important as it dictates the subsequent proceedings and the expectations from the parties involved.

Summons for Settlement of Issues

When a summons is issued for the settlement of issues, the court aims to clarify and resolve preliminary matters that may simplify or streamline the main trial. This may involve:

• Identifying the points of contention between the parties.
• Narrowing down the scope of the dispute.
• Deciding on the admissibility of certain pieces of evidence.
• Facilitating settlement discussions between the parties.

This type of summons ensures that the trial, when it eventually proceeds, is focused and efficient, with all preliminary issues already settled.

Summons for Final Disposal

A summons for final disposal, on the other hand, indicates that the court is ready to hear the case in its entirety and deliver a final judgement. In cases before the Court of Small Causes, the summons is always issued for final disposal, reflecting the expedited nature of such proceedings.

Requirements of the Summons

A summons for disposal of suit may include several critical requirements that the recipient must adhere to:

1. Appearance in Person or with a Pleader: The summons may mandate the person to appear in court either in person or through a pleader (legal representative). This ensures that the party is adequately represented and can respond to the court’s inquiries or participate in the settlement of issues.
2. Answering Material Questions: The person summoned must be prepared to answer all material questions related to the suit. This requirement ensures that the court has access to all relevant information necessary for making informed decisions.
3. Production of Witnesses and Documents: The summons may require the person to produce witnesses and documents pertinent to the case. This provision is vital for substantiating claims, defenses and other aspects of the suit.
4. Appearance on the Final Disposal Date: The summons will specify a date on which the person must appear in court for the final disposal of the suit. This date is critical as it marks the culmination of the legal process and the court’s decision-making phase.

Consequences of Non-Compliance

The court holds significant authority to enforce compliance with the summons. If either party fails to produce evidence or comply with the summons without sufficient cause, the court may take stringent actions, including:

• Immediate Pronouncement of Judgement: In cases where a party fails to present the required evidence, the court may proceed to pronounce judgement based on the available information. This action underscores the importance of adhering to the summons requirements and presenting all necessary evidence within the stipulated time.
• Adjournment for Evidence Production: Alternatively, the court may choose to adjourn the suit, granting additional time for the parties to produce the required evidence. This approach balances the need for timely justice with the necessity of comprehensive evidence presentation.

Format: Summons for Disposal of Suit (O. 5.)

(Title)

To

WHEREAS …………………[Name, description and place of residence.] has instituted a suit against you for

your 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 ………….19………., 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.

GIVEN under my hand and seal of the Court, this……….day of ………..19………..

Judge.

NOTICE.-

1.          Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to complete 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.

Conclusion

A summons for disposal of suit is a pivotal element in the civil litigation process, ensuring that parties appear in court to address and resolve issues related to the suit. Governed by Order V of the CPC, this summons facilitates the orderly progression of legal proceedings, balancing the need for timely justice with the principles of fairness and due process. Compliance with the summons requirements is important, as failure to do so can result in immediate judgement or adjournment, underscoring the importance of adhering to judicial directives in the pursuit of justice.