Chapter 6 Flashcards
Heading of chapter 6
Process to compel appearance
How many sections and parts are there in chapter 6
Four parts - 61 To 90 sections
part a summons
part b warrant of arrest
part c proclamation and attachment
part D other rules regarding processes
Form of summons
61
Every summons issued by a Court under this Code shall be in writing, in
duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may,
from time to time, by rule direct, and shall bear the seal of the Cour
Essentials of 61
In writing in duplicate signed by presiding officer or other officer directed by High Court and beer seal of court
Which section provides for personal service
Section 62 summons how seved
Which section provides for extended service
64 service when persons summoned cannot be found
Substituted service
Section 65 procedure when service cannot be effected as before provided under Section 62 63 and 64
Service of someones on witnesses by post is provided under
69
Proof of service in such cases and when serving officer is not present such cases - is the marginal heading of which section
68
Section 67
Service of someone’s outside local limits
When a Court desires that a summons issued by it shall be
served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate
within whose local jurisdiction the person summoned resides, or is, to be there served.
Which section provides for service on government servant
- Service on Government servant.—(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by
section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.
63
Service of summons on corporate bodies and societies
Two important things to be remember under section 64
Summons will only be served on any adult male member residing with him and servant is not considered a member of family within the meaning of this action
Who serves the summons
Section 62
every summons shall be served by police officer
or subject to such rules as the state government may make in this behalf by any officer of the court issuing it
or other public servant
On whom the services made in case of summons on corporate bodies or societies
On the secretary or local manager or other principal officer of the corporation or by letter send by registered post address to the chief officer of corporation in India