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Question

Legal Studies Question on Code of Civil Procedure

In which of the following situations a court will not issue summons for personal appearance to the defendant?

A

If defendant resides within the local limit of the court’s jurisdiction.

B

If defendant resides within 40 miles from the court.

C

If defendant resides 250 miles away from the court in an area having public conveyance available.

D

Woman to whom Section 132 of the Civil Procedure Code, 1908 does not apply.

Answer

If defendant resides 250 miles away from the court in an area having public conveyance available.

Explanation

Solution

As per the CPC, the court generally issues summons within a reasonable distance to facilitate personal appearance. If the defendant resides 250 miles away in an area where public conveyance is available, the court may avoid issuing summons for personal appearance due to the impracticality of distance.