summons format in civil suit proceeding in state of west bengal

 

West Bengal Form No. 3234

 

HIGH COURT FORM NO. ( P ) 5

Order 5, Rule 1 and 5, of the Code of Civil Procedure

 

Common form of Summons [ 1 ] final disposal [2] ascertaining whether a suit contested or not and if contested for immediate disposal [3] settlement of issue.

 

To be filled up by office		To be filled up by Nazarat
Date of depositing talabana		Date of which made over to peon
Date of depositing diet money etc.		Date of return by peon after service
Date of filling of process		Date of actual return of process to Nazir
Date of making over process to Nazarat		Date of return by Nazir to court

 

DISTRICT : South 24-Parganas.

In the Court of  the Learned  Civil Judge ( Senior Division ) at Baruipur, South 24-Parganas.

 

Title Suit no. __________________of 2013.            

Sri Dulal Chandra Naskar & another. – Versus – Sri Mahadev Naskar.

 

To,

 

SRI MAHADEV NASKAR,  Son of Late Lalit Mohan Naskar, Village- Teghori, Post Office – Ramkrishna Pally, Police Station – Sonarpur, Kolkata – 700 150, District – South 24 Parganas..

 

Whereas  the Plaintiff above named

 

Has instituted a suit against you for  Declaration and Permanent Injunction  

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 for who shall be accompanied by some person able to answer all such questions on the                   day of                    2013,  at                       O’ clock in the noon.

1 ) To answer the claim and fixed for your appearance is appointed for the fine disposed of the suit you must be prepared to produce on the day all witnesses upon whose evidence and all the documents upon which you intended to rely is support of your defence.

2 ) to state whether you contest the claim either in whole or in part and if you contest to receive direction of the court as to the date on which your witness statement is to be filed the witness upon whose evidence you intend is rely in support of your defence are to be produced the document(s) upon which you intended to rely are to be filed also the date of trial and other matters take notice that in the event of your admitting the claim either in whole or in part the court will forth with pass judgment in accordance with such admission or in the event of the claim not being contested the suit shall be decided at once.

3 ) to answer the claim and you are directed to produce on the day all the documents upon which you in support of your defence.

 

Take notice that in default of your appearance on the day before mentioned the suit will be heard and determined in your absence.

 

Give under my hand and the seal of the Court this                                      day of                    2013.

 

 

Judge

 

Notice –1. Should you apprehend your wtness will not attend of their own accord you can have a summons from this court commonly the attendence4 of any witness and production of any documents that you have a right to call upon the witness to produce an applying to the court and on depositing the necessary expenses.

 

Notice –2. if you admit the claim, you should pay the money in the court together with the cost of suit to avoid execution of the decree, which may be against your person or property or both.