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Kerala-High-Court has postponed the munsiff-magistrate exam for the Kerala Judicial Service to 9-1-2009. So we get more time to prepare. Now this is a small attempt to trace out the amended CPC provisions and I am sure it will provide the Munsiff-Magistrate candidates to find out the effect of different provisions by way of various amendments in CPC. This is the very first of its kind in my blog. Hope you will benefit from this detailed post. This is also beneficial as its first part. This is the SECOND part.
  • A defendant has to file written statement of his defence in a plaint. In order to make it timebound various changes have been made in the code. Order 5 Rule 1 is amended so as to substitute the provision. Now a summons is issued upon the defendant calling upon to answer the claim against him and file the written statement within 30 days from the date of service of summons upon him. Now the defendant can also get the extended period upto 90 days for specifying reasons.[See Order 5 Rule 1 Sub Rule1]
  • As the defendant is ordered to file within 30 days his written statement the necessary amendment also made to Order 5 Rule 2 and summons is to be accompanied by a copy of the plaint. It is a mandatory rule.
  • So much done for speedy procedures. But what if the defendant is residing in a distant place. So the court while fixing the date for return of notice has to be cautious. Also what if the defendant do not appear. The 'day for appearance of the defendant'  has paved way for 'day for appearance and answering claim' as in Sub-Rule 1 of Order 5 Rule 1[See O 5 R6]
  • The defendant is also required to file all documents in his support and copies thereof at the time of filing written statement.[see O 5 R 7]
  • The court can send the summons to any approved courier service to be served upon the defendant[see O 5 R 9 SubRule 1]
  • Service of summons by registered post acknowledgement due has been enabled. Also it may be served speed post, fax message, email etc.[O 5 R 9 Sub Rule 3]
  • Where the defendant is residing beyond the territorial limits of the Court issuing summons the has the option to choose the summons to be sent to the court having jurisdiction or to issue personally to him(except by registered post as in Sub Rule 3)[see-O 5 R 9 Sub Rule 4]
  • By omission of O 5 Rule 19 A simultaneous service has become a right.
  • Order 6 Rule 5 has been omitted.
  • The person filing his pleading either plaint or written statement has to verify the pleading. The person who verifies the pleading is also required to file an affidavit in support of his pleading. This is mandatory.[see O 6 R 15(4)]
  • Any party can amend his pleadings at any stage of suit. But a proviso has been added by 2002 amendment and as a general law no amendment is allowed after the trial has commenced.[see O 6 R 17]
  • Order 7 Rule 9 is substituted and the plaintiff is required to present copies of the plaint alongwith sufficient fee to issue summons to defendant within 7 days from the date of order of summons.
  • The plaint will be rejected if it is not filed in duplicate.[see O 7 R11]

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