5. Summons to be either to settle issues or for final disposal.- The court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly: Provided that, in every Suit heard by a court of small causes, the summons shall be for the final disposal of the suit. HIGH COURT AMENDMENTS ANDHRA PRADESH.- Same as that of Madras. ASSAM AND NAGALAND.- Same as that of Calcutta - See Assam High Court Order, 1948, Clause 6 (5-4-1948); Act 27 of 1962, Sections 13 and 15 (w.e.f. 1.12.1963). BOMBAY, DADRA AND NAGAR HAVELI.- In Order V, for the existing Rule 5 and its marginal note. substitute the following as Rule 5 and marginal note: “5. Summons to be either to settle issues or for final disposal.—The Court shall determine at the time of issuing the summons whether it shall be for the filing of written statement and the settlement of issues only, or for the final disposal of the suit: and the summons shall contain a direction accordingly: Provided that in every suit heard by a Court of Small Causes the summons shall be for final disposal of the suit.” (1-10-1983). CALCUTTA, ANDAMAN AND NICOBAR ISLANDS.- Insert the words “for the ascertainment whether the suit will be contested” after the words “issue only”. (25-8-1927).
KARNATAKA.- Delete Rule 5 and substitute the following: “5. The Court shall determine, at the lime of issuing the summons, whether it shall be — (a) for the settlement of issues only, or (b) for the defendant to appear and state whether he contests to or does not contest the claim and directing him if he contests to receive directions as to the date on which he has to file his written statement, the date of trial and other matters, and if he does not contest for final disposal of the suit at once, or (c) for the final disposal of the suit; And the summons shall contain a direction accordingly: Provided that, in every suit heard by a Court of Small Causes, the summons shall be for final disposal of the suit,” (30-3-1967). KERALA, LACCADIVE, MINICOY AND AMINDIVI ISLANDS.- For Rule 5 the following rule shall be substituted, namely “5. Summons to he either (1) to ascertain whether the suit is contested or not or (2) for the final disposal of the siit. The Court shall determine at the time of issuing the summons, whether it shall be — (i) For the defendant to appear and state whether he contests, or does not contest the claim and directing him if he contests, to receive directions as to the date on which he has to file his written statement, the date of trial and other matters and if he does not contest, for final disposal of the suit at once; or (ii) For the final disposal of the suit at once; and the summons shall contain a direction accordingly: Provided that in every non-appealable case the summons shall be for the final disposal of the suit.” (9-6-1959): Regulation 8 of 1965 (w.e.f. 1-10-1967). MADRAS AND PONDICHERRY.- Delete the first paragraph and substitute the following in lieu thereof:— “5. The Court shall determine, at the time of issuing the summons, whether it shall be — (1) For the settlement of issue only, or (2) for the defendant to appear and state whether he contests or does not contest the claim and directing him, if he contests, to receive directions as to be date on which he has to file his written statement, the date of trial and other matters, and if he does not contest, for final disposal of the suit at once; or (3) for the final disposal of the suit; and the summons shall contain a direction accordingly.’ (P. Dis. No. 7 of 1927) and Act 26 of 1968, Section 3 and Schedule, Part II, (w.e.f. 5-9.1968). ORISSA.- Delete Rule 5 substituted on 30-3-1954 (14-5-1984).
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