CPC - APPENDIX B - No. 2 SUMMONS FOR SETTLEMENT OF ISSUES (O.5, rr. 1, 5.)
No. 2
SUMMONS FOR SETTLEMENT OF ISSUES (O.5, rr. 1, 5.)
(Title)
To,
[Name, description and place of residence.]
WHEREAS _____________________________________________________________
has instituted a suit against you for ______ you are hereby summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall be accompanied by some person able to answer all such questions, on the day of day of 19 , at
o'clock in the _______ noon, to answer the claim ; 6[and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written statement].
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.
GIVEN under my hand and the seal of the Court, this _______ day of _____19____ .
Judge.
NOTICE-1.
1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.
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