Order 5 MCQ Quiz - Objective Question with Answer for Order 5 - Download Free PDF

The correct answer is I and III are correct, II is incorrect

Key Points

 

• Statement I: Correct. The Code of Civil Procedure, 1908 permits substituted service of summons under Order 5, Rule 20. This is allowed when the court is satisfied that the summons cannot be served in the ordinary way.
• Statement II: Incorrect. Substituted service can include affixing the summons on a conspicuous part of the house where the defendant last resided and in the court-house, but these are not mandatory conditions. The method depends on the court's direction, and the publication in a newspaper is also an accepted form of substituted service.
• Statement III: Correct. Mere publication in a newspaper is considered a valid form of substituted service, provided the court orders it. Therefore, the statement incorrectly claims it is not a substituted service, making it correct for this analysis.

The correct answer is Option 1.

Key PointsRules as to Service of Summons: 

• The service of summons is of primary importance as it is a fundamental rule of the law of procedure that a party must have a fair and reasonable notice of the legal proceedings initiated against him so that he can defend himself. 
• Order V, Rule 9(3) of CPC, the services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:
  •  Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.

Additional Information

• Section 27:  Summons to defendants.
• Section 28:  Service of summons where defendant resides in another State.
• Section 29: Service of foreign summonses.
• Section 30: Power to order discovery and the like.
• Section 31:  Summons to witness

 

The correct option is I, II and III.

Key Points

• SUMMONS:
  • According to Black’s law dictionary: Summons means a writ stating an action is commenced against him in court.
  • In code of civil procedure, 1908 summons can be issued to the following persons:
    • Summons To Defendant - Order 5 and Section 27 to 29
      • When any party (Plaintiff) filed a suit against another party i.e. Defendant.
      • The Defendant has to be informed that the suit is filed against him and it is necessary to appear before the court of justice to defend himself in such a situation the court sends an intimation document to the defendant is said to be a summons to the defendant.
      • The summons of Defendant can served for two purposes i.e. Either for settlement of issues or for final settlement of the suit.
    • Summons To Witnesses – Order 16 and Section 27 to 31
      • The summons shall be issued by the Court to any person to give evidence as a witness or produce a document which is in his possession before the court on a particular date such intimation document is said to be a summons of Witness.
      • The summons of Witnesses can be served for two purposes i.e. Either for giving oral evidence or for the final production of documents.

The correct answer is option 2.

Key Points

• Order V Rule 2 of CPC clearly states that every summon shall be accompanied by copy of the plaint.
• Recently, the Hon'ble Supreme Court in the case of National Insurance Company Limited v. M/s Nation Building Construction India Ltd. & ors, held that the service contemplated in terms of Order V Rule 2 would imply service of summons along with the copy of the plaint.
• As per Order V Rule 1(1), once the suit is instituted, a summons must be issued to the defendant to file written statement of his defense within 30 days from the service of the summons which may be extended to 90 days. For an effective service, summons must be issued along with a copy of the plaint. 
• In the Order V of the CPC, various modes of service of summons has been provided, some of them are mentioned below:
  • Through registered post;
  • By speed post;
  • By currier service;
  • By fax message;
  • By electronic mail services;
  • By personal service;
  • By fixing the summons where the defendant:
    •  resides;
    • carries out business; or
    • works himself for profit or gain.
  • ​​Substituted service under Rule 20 of Order V.

The correct answer is option 3.

Key Points

• The types of summons provided under Order V Rule 9A of CPC are issued by the court in addition to the manner provided under Rule 9.In this kind of summons, the plaintiff is allowed to serve the summons personally to the defendant. Such summons must be sealed and signed. 
• The plaintiff must take the acknowledgement from the defendant and shall endorse a return by stating the time and manner of service of original summons.
• Such summons may be served by the court by a re-issue and in a normal manner.
• These summon are known as Dasti Summons.

Additional Information

• ​After the plaint is filed, the summon is issued by the court to appear in the court to defend it.

• The document which is sent by the court to the defendant to inform him about the suit filed against him is known as a summon. The basis of summons lies in the maxim “Audi Alteram Partem”, which means to hear both sides. The provision related to summons are given in Section 27-32 and Order V of CPC.

The correct answer is option 4

 Key Points

CPC Order 5 rule 15:Where service may be on an adult member of defendant's family.— Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him.

Explanation. —A servant is not a member of the family within the meaning of this rule.

Therefore, option 4 is correct

The correct answer is option 3.

Key Points

• The types of summons provided under Order V Rule 9A of CPC are issued by the court in addition to the manner provided under Rule 9.In this kind of summons, the plaintiff is allowed to serve the summons personally to the defendant. Such summons must be sealed and signed. 
• The plaintiff must take the acknowledgement from the defendant and shall endorse a return by stating the time and manner of service of original summons.
• Such summons may be served by the court by a re-issue and in a normal manner.
• These summon are known as Dasti Summons.

Additional Information

• ​After the plaint is filed, the summon is issued by the court to appear in the court to defend it.

• The document which is sent by the court to the defendant to inform him about the suit filed against him is known as a summon. The basis of summons lies in the maxim “Audi Alteram Partem”, which means to hear both sides. The provision related to summons are given in Section 27-32 and Order V of CPC.

The correct answer is option 3.

Key Points

• The types of summons provided under Order V Rule 9A of CPC are issued by the court in addition to the manner provided under Rule 9.In this kind of summons, the plaintiff is allowed to serve the summons personally to the defendant. Such summons must be sealed and signed. 
• The plaintiff must take the acknowledgement from the defendant and shall endorse a return by stating the time and manner of service of original summons.
• Such summons may be served by the court by a re-issue and in a normal manner.
• These summon are known as Dasti Summons.

Additional Information

• ​After the plaint is filed, the summon is issued by the court to appear in the court to defend it.

• The document which is sent by the court to the defendant to inform him about the suit filed against him is known as a summon. The basis of summons lies in the maxim “Audi Alteram Partem”, which means to hear both sides. The provision related to summons are given in Section 27-32 and Order V of CPC.

Explanation: Order V rule 26 explains service of summons in foreign country through political agent or court. Order V, rule 26 authorizes a presumption of service when the endorsement by the court, etc., is to the effect that the summons has been served on the defendant "in manner herein before directed". This seems to contemplate service in accordance with the provisions of the Civil Procedure Code.

The correct answer is Option 1.

Key PointsRules as to Service of Summons: 

• The service of summons is of primary importance as it is a fundamental rule of the law of procedure that a party must have a fair and reasonable notice of the legal proceedings initiated against him so that he can defend himself. 
• Order V, Rule 9(3) of CPC, the services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:
  •  Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff.

Additional Information

• Section 27:  Summons to defendants.
• Section 28:  Service of summons where defendant resides in another State.
• Section 29: Service of foreign summonses.
• Section 30: Power to order discovery and the like.
• Section 31:  Summons to witness

 

The correct answer is I and III are correct, II is incorrect

Key Points

 

• Statement I: Correct. The Code of Civil Procedure, 1908 permits substituted service of summons under Order 5, Rule 20. This is allowed when the court is satisfied that the summons cannot be served in the ordinary way.
• Statement II: Incorrect. Substituted service can include affixing the summons on a conspicuous part of the house where the defendant last resided and in the court-house, but these are not mandatory conditions. The method depends on the court's direction, and the publication in a newspaper is also an accepted form of substituted service.
• Statement III: Correct. Mere publication in a newspaper is considered a valid form of substituted service, provided the court orders it. Therefore, the statement incorrectly claims it is not a substituted service, making it correct for this analysis.

The correct option is I, II and III.

Key Points

• SUMMONS:
  • According to Black’s law dictionary: Summons means a writ stating an action is commenced against him in court.
  • In code of civil procedure, 1908 summons can be issued to the following persons:
    • Summons To Defendant - Order 5 and Section 27 to 29
      • When any party (Plaintiff) filed a suit against another party i.e. Defendant.
      • The Defendant has to be informed that the suit is filed against him and it is necessary to appear before the court of justice to defend himself in such a situation the court sends an intimation document to the defendant is said to be a summons to the defendant.
      • The summons of Defendant can served for two purposes i.e. Either for settlement of issues or for final settlement of the suit.
    • Summons To Witnesses – Order 16 and Section 27 to 31
      • The summons shall be issued by the Court to any person to give evidence as a witness or produce a document which is in his possession before the court on a particular date such intimation document is said to be a summons of Witness.
      • The summons of Witnesses can be served for two purposes i.e. Either for giving oral evidence or for the final production of documents.

The correct answer is option 4

 Key Points

CPC Order 5 rule 15:Where service may be on an adult member of defendant's family.— Where in any suit the defendant is absent from his residence at the time when the service of summons is sought to be effected on his at his residence and there is no likelihood of his being found at the residence within a reasonable time and he has no agent empowered to accept service of the summons on his behalf, service may be made on any adult member of the family, whether male or female, who is residing with him.

Explanation. —A servant is not a member of the family within the meaning of this rule.

Therefore, option 4 is correct

Explanation: The Schedule appended to the CCA,2015 provides that a proviso shall be inserted after sub- section (2) of section 26 of CPC which states that- ‘Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of Rule 15A'. 

The correct answer is Option 1.

Key Points Order V Rule 9A: Summons given to the plaintiff for service

• The types of summons provided under Rule 9A are issued by the court in addition to the manner provided under Rule 9.
• In this kind of summons, the plaintiff’s is allowed to served the summons personally to the defendant. Such summons must be sealed and signed.
• The plaintiff must take the acknowledgement from the defendant and shall endorse a return by stating the time and manner of service of original summons.
• Such summons may be served by the court by a re-issue and in a normal manner.

Important Points

• These summon are known as Dasti Summons.