With regards to issue of summons and its service.
The certificate officers/revenue officers are vested with the powers of Civil Court for the purpose of receiving evidence, administering oath, enforcing attendance of witness and compelling the production of documents, the service of notices summoning the parties. I know from experience that these cases suffer from procedural defects with the result that though the order passed by these officers acting in Quasi Judicial Capacity is sound the same is set aside for reasons of procedural lapses with regard to summons and its service. The present write up is intended to keep the executive officer acting in Quasi Judicial Capacity reminded in so far as the matter of summons and its service is concerned. The Code Of Civil Procedure, 1908(Act 5 of 1908), for short, the CPC, in its section 27 says that when a suit has been duly instituted a summons may be issued to the defendant directing him to appear and answer the claim and this summons is required to be served in manner prescribed. Orde...