In the First Schedule, in Appendix B,-
(i)in Form No.2, for the words "and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence", the words "and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counter-claim, you shall enter such document in a list to be annexed to the written statement" shall be substituted;
(ii)for Form No.4, the following Form shall be substituted, namely:-
"No.4
SUMMONS IN A SUMMARY SUIT
(Order XXXVII, rule 2)
(Title)
To
Name, description and place of residence
WHEREAShas instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs.and interest, you are hereby summoned to cause an appearance to be entered for you, within ten days from the service hereof, in default whereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. and the sum of Rs. for costs, together with such interest, if any, as the Court may order.
If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitled to move the Court for leave to defend the suit.
Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
Given under my hand and the seal of the Court, this day of 19.
Judge.";
(iii)after Form No.4, the following Form shall be inserted, namely:-
"No.4A
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
(Order XXXVII, rule 3)
(Title)
In theCourt, atSuit No.of 19.
XYZPlaintiff.
Versus
ABCDefendant.
Upon reading the affidavit of the plaintiff the Court makes the following order, namely:-
Let all parties concerned attend the Court or Judge, as the case may be, on the day of 19 , at o'clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs.and for interest and costs.
Dated theday of19.".
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