AIBE XVIII — December 2023 — Q.56 (Code of Civil Procedure, 1908)

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Q.56

Code of Civil Procedure (CPC) Medium Act + Section Given

Bare Act Code of Civil Procedure, 1908 · Order V Rule 4

In which situation will a court not issue summons for personal appearance to the defendant?

A Defendant resides within local limits of court's jurisdiction

B Defendant resides within 40 miles from court

✓ Defendant resides 250 miles away with public conveyance available Answer

D Woman to whom Section 132 CPC does not apply

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Explanation & Strategy

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Order V Rule 4 sets distance limits for personal appearance: within local limits, or within 50 miles, or within 200 miles if public transport is available. 250 miles exceeds all limits — so the court cannot compel personal appearance, though it can still issue summons for appearance through pleader.

1 Pick up CPC.
2 Go to Order V Rule 4.
3 Read: no party shall be ordered to appear in person unless resident (a) within local limits, or (b) outside limits but within 50 miles (or 200 miles with public conveyance).
4 250 miles with conveyance exceeds the 200-mile limit → court will NOT issue personal appearance summons.

The text reads: Order V Rule 4: No personal appearance required if defendant resides beyond 200 miles (with public conveyance) from the court.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Order V Rule 4

Answer (C) Act + Section Given

Paper AIBE XVIII — December 2023

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