First Schedule — Order V: Issue and Service of Summons

Order 5 Rule 5 — Summons to be either to settle issues or for final disposal

Code of Civil Procedure, 1908 · Free to read

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.