Supreme Court Rules 2013 - Order XXVII | Order 27

Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 

Supreme Court Rules 2013 - Order XXVII | Order 27

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

Supreme Court Rules 2013: 

Order XXVII

Issue And Service Of Summons

1. When a suit has been duly instituted a summons shall be issued to the defendant to appear and answer the claim.

2. Every summons shall be signed by the Registrar, and shall be sealed with the seal of the Court.

3. Every summons shall be accompanied by a copy of the plaint.

4. The summons shall be served by being sent by registered post to the Attorney-General for India or the Advocate-General for the State, as the case may be, or to an advocate-on-record of the defendant empowered to accept service.

5. There shall be endorsed on every summons a notice requiring the defendant to enter an appearance within twenty-eight days after the summons has been served.

6. A defendant shall enter the appearance by filing in the Registry a memorandum in writing containing the name and place of business of his advocate-on-record if any, and in default of appearance being entered within the time mentioned in the summons, or as hereinafter provided, the suit may be heard ex-parte.

7. The defendant shall forthwith give notice of his having entered an appearance to the plaintiff.

8. The plaintiff shall within fourteen days after the defendant has entered an appearance take out a summons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such direction with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient.

Supreme Court Rules 1966: 

ORDER XXVII

DISCOVERY AND INSPECTION

1. Order XI of the First Schedule to the Code except rules 5 and 23 of that

order, shall apply with respect to discovery and inspection in suits instituted before

the Court.

2. Where the Court has made an order allowing one party to deliver

interrogatories to the other, those interrogatories shall be answered by such persons

as the Court may direct.

3. No application for leave to deliver interrogatories shall be made by the

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defendant until after he has filed his written statement.

4. After an order has been made for the delivery of interrogatories one set of

the interrogatories, as allowed, shall be annexed and served with the order upon

the person to be interrogated.

5. The Court may, for sufficient reason, allow any affidavit to be sworn,

on behalf of the party from whom discovery, production or inspection is sought,

by any person competent to make the same.

6. Where any document is ordered to be deposited in Court a copy of the

order and a schedule of the document shall be left in the Registry at the time when

the deposit is made.

7. When the purpose for which any documents have been deposited in

Court is satisfied, the party by whom they were deposited may, pending the suit,

have them delivered out to him, if he has the consent in writing of the other party,

or an order of the Court.