Where the summons to the defendant(s) is returned unserved and the plaintiff fails to apply for issuance of fresh summons to the defendant within 7 days of the return, the suit of the plaintiff is liable to be

Option A: Rejected under Order VII, Rule 11 of CPC

Option B: Dismissed under Order IX, Rule 2 of the CPC

Option C: Dismissed under Order IX, Rule 5

Option D: Either (A) or (B) or (C)

Correct Answer

Option: c

Explanation

Where after a summons has been issued to the defendant, or to one of several defendants, and returned unserved, the plaintiff fails, for a period of seven days from the date of the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed

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