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ORDER XXVI

Act: Azad Jammu and Kashmir Supreme Court Rules 1978

Section Provisions

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART IV ORDER XXVI ISSUE AND SERVICE OF SUMMONS 1 When a suit has been duly instituted a summons may be issued to the defendant to appear and answer the claim. 2 Every summons shall be signed by the Registrar and shall be sealed with the Seal of the Court. 3 Every summons shall be accompanied by a copy of the plaint. 4 The summons shall be served by being sent by registered post to the Advocate General or to an Attorney of the defendant empowered to accept service. 5 There shall be endorsed on every summons a notice requiring the defendant to enter an appearance within twenty eight days after the summons has been served. 6. A defendant shall enter his appearance by filing in the Registry a memorandum in writing containing the name and place of business of his advocate on record, and in default of appearance being entered within the time mentioned in the summons or as hereinafter provided, the suit may be heard ex parte. The defendant shall also file a written statement along with his memorandum of appearance. 7. The defendant shall forthwith give notice of his having entered an appearance to the plaintiff and shall at the same time supply him a copy of the written statement. 8 The plaintiff shall, within fourteen days after the defendant has entered an appearance, take out a summons for directions returnable before the Judge in Chambers, and the Judge shall on the hearing of the summons give such directions with respect to pleadings, interrogatories, the admission of documents and facts, the discovery, inspection and production of documents and such other interlocutory matters as he may think expedient.