Form 4 (Appendix-B) is mandatory, so far as the suit filed under Order
37 of the Code of Civil Procedure is concerned. In case ... summons are
not issued in Form 4 (Appendix-B), it cannot be said to be a valid
service and the suit is to be treated
Form No.1 of Appendix-B of the CPC , which according to the
petition averments ought to have been issued under Form No.4 ... Appendix B of the CPC
instead of summary suit summons under Form No.4 of Appendix B
of the CPC in a suit instituted under
plaintiff agrees to get defendant no.3 and
4 served with summon under form 4 appendix B CPC on the address
of defendant ... issued on PF to the defendant
no.3 and 4 under form 4 appendix B CPC and they be served at the
address of defendant
plaintiff agrees to get defendant no.3 and
4 served with summon under form 4 appendix B CPC on the address
of defendant ... issued on PF to the defendant
no.3 and 4 under form 4 appendix B CPC and they be served at the
address of defendant
plaintiff agrees to get defendant no.3 and
4 served with summon under form 4 appendix B CPC on the address
of defendant ... issued on PF to the defendant
no.3 and 4 under form 4 appendix B CPC and they be served at the
address of defendant
presenting a plaint in the form prescribed, but the summons shall be in Form No. 4 in Appendix B or in such other Form ... rules (4), (5) and (6) of Rule 3 of Order XXXVII with Forms 4 and 4-A in Appendix B of the Code
compliance of Order 37 Rule 3 (4)
CPC read with Appendix B Form No. 4 A. It is argued that in the present
case ... Rule 3 (4) is mandatory and
where summons for judgments is not in terms of Order 37 Rule 4 and
Appendix B Form No. 4
there is no compliance
with the terms of Form No.4 of Appendix B of the Civil Procedure Code read
with Order XXXVII Rule ... Appendix B r/w. Order XXXVII Rule 2(2) and
Form No.4A of Appendix B r/w. Order XXXVII Rule 3(4). The learned
suit shall be sent to the
defendant in Form No.4 in Appendix B or in such other form, as
6
OPC 1409 ... with 2 summons (i) form 4 in
Appendix B and (ii) form 4-A in Appendix B, and therefore, the
time limit of 120 days
from the date of service. Form No.4-A in Appendix-B reads as under :-
No.4 -A
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT ... Appendix B of
CPC ; and after putting in appearance, he was not served with summons in
Form No.4-A of Appendix B alongwith
