📘 CPC: Orders III – V Explained for Judiciary Exams

CIVIL PROCEDURE CODE : ORDERS III – V
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

📖 CIVIL PROCEDURE CODE EXPLAINED

The Civil Procedure Code forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

📘 ORDER III — RECOGNIZED AGENTS AND PLEADERS

Rule 1 — Appearances

• Any appearance, application or act in court
  – may be made or done
  – by the party in person or by his recognised agent or by a pleader

Proviso

• Any such appearance
  – shall be made by the party in person
  – if the court so directs

Rule 2 — Recognised agents

• Recognized agents of parties
  – for appearance, applications and acts
  – are persons holding powers of attorney
  authorizing them to make such appearances, applications and acts

Rule 3 — Service of process on recognised agent

• Processes served on the recognised agent
  – shall be as effectual as if the same had been served on the party in person

Rule 4 — Appointment of pleader

• No pleader
  – shall act for any person in any court
  unless
  – he has been appointed by such person by a document in writing
  – signed by such person or by his recognised agent or by some other person duly authorized under a power of attorney
• Every such appointment
  – shall be filed in court and shall be deemed to be in force
  until
  • determined with the leave of court by a writing signed by the client or the pleader or
  • the client or the pleader dies or
  • all proceedings in the suit are ended

📗 ORDER IV — INSTITUTION OF SUITS

Rule 1 — Suit to be commenced by plaint

• Every suit shall be instituted
  – by presenting a plaint in duplicate
  – to the court or such officer as it appoints
• Every plaint shall comply
  – with rules contained in Orders VI and VII
• The plaint
  – shall not be deemed to be duly instituted
  unless
  – it complies with these requirements

Rule 2 — Register of suits

• The court
  – shall cause particulars of every suit to be entered in a book
  – called the register of civil suits
• Such entries
  – shall be numbered in every year
  – according to the order in which the plaints are admitted

📙 ORDER V — ISSUE AND SERVICE OF SUMMONS

Rule 1 — Written statement to be filed within thirty days and not later than ninety days

• When a suit has been duly instituted:
  summons may be issued to the defendant
  – to appear and answer the claim and
  – to file the written statement… within thirty days from the date of service
• If not filed within 30 days → court may allow up to 90 days

Proviso (23.10.2015, commercial disputes)

• Extension allowed up to 120 days with costs
• After 120 days → defendant forfeits right to file written statement

Rule 6 — Fixing day for appearance of defendant

• The day must consider
  • business of court
  • residence of defendant
  • time needed for service

Rule 9(1) — Delivery of summons by Court

• If defendant resides within jurisdiction
  → send to process server or approved courier

Rule 9(3) — Modes of service

• Registered post A/D
• Speed post
• Approved courier
• Fax or email (as per High Court rules)

Rule 9(5) — Refusal = deemed service

• If defendant refuses delivery → court declares “duly served”
• Even if acknowledgment lost, summons is deemed served if properly addressed & prepaid

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❓ Frequently Asked Questions on CPC Orders III–V