Copy of plaint annexed to summons
Full Text
Every summon shall be accompanied by a copy of the plaint.
Plain English Summary
Mandates that every summons served on a defendant must be accompanied by a copy of the plaint, ensuring full knowledge of allegations before answering the claim.
Key Legal Elements
- Mandatory Annexure: Summons served without a copy of the plaint is incomplete and defective.
- Defective Service: Service of bare summons without plaint cannot trigger the limitation period for filing written statement.
- Right of Inspection: Defendant can apply to court seeking supply of plaint copy before being compelled to respond.
Practical Note
Courtroom Practice & Defense Motion: 1. Defective Service Ground: Where only the summons form is served without the copy of the plaint, the service is legally defective. Defendant's advocate should appear under protest and file a memo stating: 'Copy of plaint was not annexed with summons; defendant prays for supply of complete copy of plaint and extension of 30 days from date of receipt'. 2. Precedent: In Nahar Enterprises v. Hyderabad Allwyn Ltd. (2007) 9 SCC 466, the Supreme Court held that service is incomplete without the plaint copy, and the limitation clock for filing written statement commences only when the plaint copy is furnished.
हिंदी पाठ
प्रत्येक समन के साथ वादपत्र की एक प्रति संलग्न होगी।