Section 5(b) in Rules Under the Court-Fees Act, 1870
(b)If the first summons to a defendant is not served Order IX, Rule 6, provides that the Court shall in certain circumstances issue a fresh summons (except in cases covered by Order IX, Rule 5). For this purpose, therefore, the Court has no power to demand an application. But if the plaintiff elects to file an application the Court must see that it is stamped.
