Section 16 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
16. Summons to the defendant.
- Summons should be clearly and legibly written and signed, and the seal of the court must be affixed.Order V, rule (3) of the Code requires that the summons shall be signed by the Judge or the Officer appointed by him. In courts provided with clerk of Courts, or Asstt. Superintendent (Revenue)/Head Vernacular Clerk/Naib-Tehsildar-(Peshi), he may be authorised to sign summons. In all other courts, the Presiding Officer should himself sign them. The signature should in all cases be fully and legibly written. The summons must be framed so as to require the defendant to produce any document called for by the plaintiff, or on which the defendant intends to rely in support of his own case, which is fixed for the settlement of issues only or for final disposal. It must also have attached thereto one of the copies or concise statements of the plaint which the plaintiff is bound to file with the plaint. Before issuing the summons, the court should satisfy itself that the form selected is that appropriate to the order, made under Order V, rule 5 of the Code.No court can rightly proceed to hear a suit ex-parte, until it has been proved to the satisfaction of such court that the summon to a defendant to appear has been duly served i.e., has been served strictly in such manner as the law provides. The nature of the proof of service which the court ought to require in such cases are contained in rule 7, Chapter ID of the High Court Rules and Orders, Volume I.
