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The Family Courts Ordinance, 1985

( Ordinance NO. XVIII OF 1985 )

Issue of summons and notice
7. (1) When a plaint is presented to a Family Court, it shall-
 
 
(a) fix a date ordinarily of not more than thirty days for the appearance of the defendant;
 
 
 
 
(b) issue summons to the defendant to appear and answer the claim on the date specified therein;
 
 
 
 
(c) send to the defendant, by registered post with acknowledgement due, a notice of the suit.
 
 
 
 
(2) Every summons issued and notice sent under sub-section (1) shall be accompanied by a copy of the plaint 1[and copies of the list of documents referred to in sections 6(5) and 6(6)].
 
 
 
 
(3) A summons issued under sub-section (1)(b) shall be served in the manner provided in rules 9, 10, 11, 16, 17, 18, 19, 19A, 2[20], 21, 23, 24, 26, 27, 28 and 29 of Order V of the Code; and a summons so served shall be deemed to be due service thereof on the defendant.
 
 
 
 
(4) A notice sent under sub-section (1)(c) shall be deemed to be duly served on the defendant when the acknowledgement purporting to be signed by the defendant is received by the Court or the postal article containing the notice is received back by the Court with an endorsement purporting to have been made by a postal employee to the effect that the defendant had refused to take delivery of the postal article containing the notice when tendered to him:
 
 
Provided that where the notice was properly addressed, prepaid and duly sent by registered post with acknowledgement due, it may be deemed to be duly served on the defendant after the expiry of thirty days from the date of posting of the notice notwithstanding the fact that the acknowledgement having been lost or mislead or for any other reason has not been received by the Court within that period.
 
 
 
 
(5) The cost of service of summons issued under sub-section (1)(b), which shall be equal to the cost of service of similar summons under the Code, and the postal charges for notice sent under sub-section (1)(c) shall be paid by the plaintiff at the time of presentation of the plaint.

  • 1
    The words, figure and brackets “and copies of the list of documents referred to in sections 6(5) and 6(6) ” were substituted for the words, figure and brackets ” a copy of the schedule referred to in section 6(3), a copy of the document referred to in section 6(5) and a list of the document referred to in section 6(6)” by section 4 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
  • 2
    The figure “20” was inserted by section 4 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
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