Description

Order 48 of the Civil Procedure Code (CPC) deals with various miscellaneous provisions related to the process of serving summons and other procedural issues that do not fall under the specific categories addressed by other orders in the CPC. It contains rules for the service of summons, processes for affidavits, and other general issues concerning the proper conduct of civil proceedings.

Key Provisions of Order 48 CPC:

1. Rule 1 - Service of Summons:

• This rule deals with the procedure for service of summons to a party in a case, ensuring that the defendant is given proper notice of the case. The summons can be served personally, by registered post, or through substituted service (if the person cannot be found).
• Summons must be served to the defendant or his agent who is authorized to receive the summons.
• In case the defendant does not reside at the address provided, substituted service is allowed, which may include advertising in newspapers or posting the summons at the defendant’s last known address.

2. Rule 2 - Affidavits:

• Affidavits are written statements of facts that are sworn or affirmed to be true. Rule 2 deals with the use of affidavits in civil suits.
• An affidavit may be used in various stages of a civil suit, especially in interlocutory applications (applications made during the pendency of the suit) such as applications for injunctions or for seeking orders for temporary relief.
• An affidavit must be sworn before a competent authority, and the contents of the affidavit should be stated clearly.

3. Rule 3 - Court to Allow Affidavits to be Used in Place of Oral Evidence:

• The court may permit the submission of affidavits in place of oral testimony, especially for uncontested matters or when the parties agree that the facts in the affidavit will be treated as evidence.
• This helps in expediting the process and avoiding delays due to the examination of witnesses.

4. Rule 4 - Courts to Fix Dates:

• This rule gives the court the discretion to fix dates for hearings and other proceedings, ensuring that there is a proper schedule to follow in the case.
• The parties involved are notified of these dates and must appear on the fixed dates, or face penalties such as dismissal of the case or default judgment.

5. Rule 5 - Default Judgment:

• Default judgment is passed when one party fails to appear in court or respond to the summons.
• The court may pass a default judgment if a defendant does not appear on the appointed date or respond to the summons in time.

6. Rule 6 - Application for Execution of Decree:

• This rule pertains to the procedure for enforcing a decree passed by a court. A party to a case who is entitled to a decree can make an application for execution to ensure that the decree is carried out.
• The court will issue orders for the execution of the decree, which may include the attachment of property, sale of property, or other enforcement measures.

7. Rule 7 - Miscellaneous Orders:

• This rule includes various provisions that do not fall under the specific orders of the CPC but are necessary for the efficient conduct of civil litigation.
• These provisions may involve issues like extension of time for certain proceedings, procedures for record-keeping, or other related matters that the court deems necessary.

Punishment

Order 48 does not prescribe specific punishments; however, it provides for certain consequences related to non-compliance:

1. Failure to Serve Summons:

   • If the plaintiff fails to properly serve the summons, the case may be dismissed or delayed, and the court may impose costs for improper service.

2. Default Judgment:

   • If a defendant fails to appear before the court after being properly served, a default judgment may be passed against them. This can result in the loss of the case for the defendant without the chance to present their defense.

3. Contempt of Court:

   • If any party disobeys the court’s orders (for example, not complying with the court's directions for service of summons or affidavit submission), they may be held in contempt of court, which can result in penalties such as fines or imprisonment.