A suit for recovery of money was filed on 1.1.2008. An application for adding a new defendant was filed on 1.6.2008. It was allowed on 1.9.2008. Summons was issued to the additional defendant on 1.10.2008. It was served on the additional defendant on 1.11.2008. Under the CPC the proceedings against the additional defendant shall be deemed to have begun on

Option A: 1.1.2008

Option B: 1.6.2008

Option C: 1.9.2008

Option D: 1.11.2008

Correct Answer

Option: d

Explanation

After a suit is instituted by the plaintiff, there comes the need to inform the defendant about such a suit so that the latter can appear before the court, and provide his defense against the claim made by the plaintiff. To facilitate the defendant to do the required steps, the court serves summons as has been duly provided under Order 5 of the Code of 1908. The defendant is provided with a period of 30 days to appear before the court, and file a written statement. The proviso of Rule 1 of Order 5 provides that if a defendant appears before the court at the time the plaint is presented and admits whatever the plaintiff has claimed in the plaint submitted to the court, then in this case no summon shall be served to the defendant. Put simply, summon is the medium by which the court calls the defendant to present his defense against the claims made by the plaintiff in his plaint. Order 5 also includes the steps involved in serving the summons and the way they are to be delivered.

Sample Mock Tests for Practice

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 02 Q. NO. 26 TO 50)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 09 Q.NO. 321 TO 345)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 06 Q. NO. 176 TO 210)

AIBE-XIV-2019 (BCI-SEPT-2019-SET-D) (ALL INDIA BAR EXAM 2019)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 11 Q. NO. 401 TO 440)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 16 Q. NO. 526 TO 560)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-1

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

THE LIMITATION ACT, 1963 (PAPER 06 Q. NO. 201 TO 240)

CLAT 2023

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 03 Q. NO. 61 TO 90)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 12 Q. NO. 386 TO 420)

RAJASTHAN LOWER JUDICIAL SERVICES 2019

THE COPYRIGHT ACT, 1957 (PAPER 01 Q. NO. 1 TO 7)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 06 Q. NO. 201 TO 240)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 09 Q. NO. 321 TO 360)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 13 Q. NO. 481 TO 520)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

UTTARAKHAND LOWER JUDICIAL SERVICES 2019

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

AILET – National Law University Delhi Entrance Test (NLU 2013)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 04 Q. NO. 91 TO 116)

CHHATTISGARH LOWER JUDICIAL SERVICES 2020

BIHAR LOWER JUDICIAL SERVICES 2018

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 01 Q. NO. 1 TO 40)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 03 Q. NO. 81 TO 120)

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 02 Q. NO. 31 TO 44)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 12 Q. NO. 386 TO 420)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

CLAT 2020

CLAT 2021