Summons In A Summary Suit Drafting Process Template 711 - Legal Draft
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Summons in a Summary Suit
(Order XXXVII, Rule 2)
(Order XXXVII, Rule 2)
To,
[Name, Description and place of Residence]
Whereas...................... has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs. ........... and interest, you hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs............. And the sum of Rs............ for costs, together with such interest, if any, as the Court may order.
If you cause on appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
Given under my hand and the seal of the Court, this ............... day of ........ 20......
If you cause on appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
Given under my hand and the seal of the Court, this ............... day of ........ 20......
Judge
HIGH COURT AMENDMENT
Bombay :
Substituted the following Form for the existing Form No. 4 in Appendix B :
Substituted the following Form for the existing Form No. 4 in Appendix B :