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
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
summons of the suit shall be in form No. 4 in
Appendix B or in such other Form as may , from time to
time ... that the summons of the
suit shall be in Form No.4 in Appendix B. The failure of the
defendant in entering appearance within
summons of the suit shall be in form No. 4 in
Appendix B or in such other Form as may , from time to
time ... that the summons of the
suit shall be in Form No.4 in Appendix B. The failure of the
defendant in entering appearance within
submitted that the summons issued were not in Form No. 4,
Appendix B as mandated under Order 37 Rule 2(2) CPC . Subsequently,
another notice ... trial court never issued summons in Form No. 4, Appendix
B, and therefore, the decree obtained without compliance with Order 37
Rule
4
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CR No.5455 of 2016 2
suit shall be in Form No.4 in Appendix B ... that the summons of the
suit shall be in Form No.4 in Appendix B. The failure of the
defendant in entering appearance within
serve on the defendant a summon
for judgement in Form No.4-A in Appendix B or such other form
as may be prescribed from ... that the summons of the suit shall be in
Form No.4 in Appendix B. The failure of the defendant in
entering appearance within
plaintiff) had already served on him summons in Form 4-A, Appendix B in terms of R. 3 (4) on 1lth March ... Sunday) of the service of summons on him in Form 4-A, Appendix B and a prayer on his behalf had been made
Ostuka Chemical India Pvt Ltd vs Trans Engineers India Pvt Ltd on 12 January, 2026
suit were served
upon the respondents, albeit, in Form 4 of Appendix B, as
stipulated in Rule 2 of Order 37 of the Code
