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Legal Format & Draft

Summons for Settlement of Issues: Sample Format

Reference draft used in Indian courts — replace the blanks with your own case details.

To,
Whereas ............. (Name, description and place of residence) has instituted a suit against you for
...... your are hereby summoned to appear in this court in person, or by a pleader duly instructed,
and able to answer all material questions relating to suit, or who shall be accompanied by some
person able to answer all such questions, on the ......... day of ........ 20 ...... at ....... o'clock in the
......... noon, to answer the claim; and further you are hereby directed to file on that day a written
statement of your defense and to produce on the said day all documents in your possession or
power upon which you base your defense or claim for set off or counter claim, and where you rely
on any other document whether n your possession or power or not, as evidence in support of
your defense or claim for set off, or counter claim you shall enter such documents in a list to be
annexed to the written statement.
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence.
Give under my hand and the seal of the court, this ..... day of ..... 20......
Judge.
Notice :
1. Should your apprehend that your witnesses will not attend of their own accord, you can have a summons
from this court to compel the attendance of any witness, and the production of any document that you have
a right to call upon the witness to produce, on applying to the court and on depositing the necessary
expenses.
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid
execution of the decree, which may be against your person or property, or both.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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