Section 42 of The Presidency Small Cause Courts Act, 1882 in hindi — Service of summons

Bare section text

Official Legislative Text

The summons shall be served on the occupant in the manner provided by the 1Code of Civil Procedure (14 of 1882) for the service of a summons on a defendant.

Educational Study Layer

Summary

It outlines how a summons under the recovery of possession chapter must be delivered to the occupant of the property.
It requires that the delivery of this court notice follow the exact same procedural rules used to serve a civil defendant.
It incorporates the service guidelines of the Code of Civil Procedure to govern how the occupant is notified.

Practical examples

1Ramesh wants to reclaim a house in Calcutta from Suresh under the Small Cause Courts Act. The court issues a notice for Suresh to appear. Under Section 42, the bailiff serves this notice directly to Suresh at his home, adhering to the standard methods of the Code of Civil Procedure.

2Maya is trying to recover her shop in Bombay. The occupant, Vikram, is evading the court officer. Under Section 42, the officer follows the Code of Civil Procedure to paste the notice on Vikram's door, which counts as legally valid service.

FAQ

1. How is a summons served on an occupant under Section 42 of The Presidency Small Cause Courts Act, 1882?

Under Section 42 of The Presidency Small Cause Courts Act, 1882, the summons must be served in the same manner as a summons on a defendant under the Code of Civil Procedure.

2. Which procedural code governs the service of summons under Section 42 of The Presidency Small Cause Courts Act, 1882?

The Code of Civil Procedure governs the service of summons under Section 42 of The Presidency Small Cause Courts Act, 1882.

3. Who must the summons be served on under Section 42 of The Presidency Small Cause Courts Act, 1882?

Under Section 42 of The Presidency Small Cause Courts Act, 1882, the summons must be served directly on the occupant of the property.

Practice Quiz

Q1.Under Section 42 of The Presidency Small Cause Courts Act, 1882, which law dictates the procedure for delivering a summons to an occupant?

Q2.Under Section 42 of The Presidency Small Cause Courts Act, 1882, the service of a summons on an occupant must match the procedure for serving which of the following parties?

Q3.If a dispute arises over whether an occupant was properly notified of eviction proceedings under Chapter seven of The Presidency Small Cause Courts Act, 1882, what standard does Section 42 require the court to apply?

Q4.Under Section 42 of The Presidency Small Cause Courts Act, 1882, who is the mandatory recipient of the court summons regarding the recovery of immovable property?

41PreviousSection 41 Summons against person occupying property without leave.43NextSection 43 Order for possession.

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