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Old Sunday, November 14, 2010
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Q: What do you understand by summons? How Summons as are served? Explain the procedure when service can not be effected.
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Ans. Summons:

Summons is a document issued from the office of a court of justice calling upon the person to whom it is directed, to attend before a judge or office of a Court.
A Summons must bear the seal of the Court. Summons may be issued to accused as well as witnesses. Summons to a witness must contain the place at which, and

the day and the time of the day when the attendance of the witness is required. The Court through service of summons brings to the knowledge of the person

concerned the summons or notice in a legal action either by personal service, i.e, by the actual delivery of the process to the person concerned or by substituted

service, i.e, delivery of notice, etc, on such other person who is likely to bring it to the knowledge of theperson concerned or by publication.

According to Section (68) of Cr.P.C. "(I) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by the presiding officer

of such Court, or by such other officer as the High Court may, from time to time by rule, direct.

(2) Summons shall be served by a police-officer, or subject to such rules as the Provincial Government may prescribe in this behalf by an officer of the Court issuing

it or other public servant, Provided that the Court may at the request of the complainant or the accused, allow him to serve the summons on his own witnesses.

How Summons as are served:

According to Section (69):

(1) The summons shall, if practicable be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons.

(2) Every person on whom a summons; is so served shall sign a receipt therefore on the back of the other duplicate.

(3) Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal

officer of the corporation or by registered post letter addressed to the chief officer of the corporation in Pakistan. In such case the service shall be deemed to have

been effected when the letter would arrive in ordinary course of post.

Service when person summoned cannot be found:

According to section (70),"Where the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the

duplicates for him with some adult male member of his family, and the person with whom the summons is so left shall, sign a receipt therefore on the back of the

other duplicate."

Service on servant of State, or of a statutory body or company:
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According to Section (72), "(I) where the person summoned is in the active service of State or of statutory body or a company, the Court issuing the summons shall

ordinarily send it in duplicate to the head of the office in which such person is employed, and such head shall thereupon cause the summons to be served in manner

provided by section 69 crpc, and shall return it to the court under his signature with the endoresement required by that section.

(2). Such signature shall be the evidence of due service.

Service of Summons outside local limits:

According to Section (73),"When a Court desires that Summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinary

send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned reside or is, to be there served."

Procedure when Service cannot be effected:

According to Section (71), " If service in the manner mentioned in sections (69) and (70) cannot by the exercise of the due diligence be effected, the serving officer

shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and

thereupon the summons shall be deemed to have been duly served".
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