*S. 3, Act I, 81 72. ts. 61 n. 8. 137. Act I. 1872. SS. 160, I. 1872, M. 62. (132) If the document* on which the plaintiff sues be an entry in a shop-book or other book in his possession or power, the plaintiff shall produce the book at the time of filing the plaint, together with a copy of the entry on which he relies. The Court, or such officer as it appoints in this behalf, shall forthwith mark the* document for the purpose of identification; and after examining and comparing the copy with the original, and attesting the copy if found correct, shall return the book to the plaintiff and cause the copy to be filed. Original entry to be marked and returned. M. 63. A document which ought to be produced in Court by the plaintiff when the plaint Inadmissibility of document not produced when is presented, or to be entered in the plaint filed. list to be added or annexed to the plaint, and which is not produced or entered accordingly, shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit. Nothing in this section applies to documents produced fort cross-examination of the defendant's witnesses, or in answer to any case set up by the defendant, or handed to a witness merely to refresh his memory.§ The proper fees for suits, and the mode in which suits should be valued, will be found in the Appendix under the heading Court Fees. Proper valuation of amended plaint is value ascertained at date of amendment. Moro Vishonath V. G., Bom. X., 444. By sec. 13 of the Court Fees Act, if a plaint rejected under this section be afterwards ordered to be received for a second decision by the lower Court, the appellate Court has to grant the appellant a certificate authorizing him to receive back from the Collector the full amount of fee paid on the memorandum of appeal. The option of supplying the deficient stamp paper must be given. Mussamat Chaura v, Wasil Khan, N.-W. P., 1864, p. 18. This was held to apply even to a lower appellate Court in which this objection was first raised. Syad Wajid Ali Khan v. Lala Hanuman Parshad, B. L. R. IV., 139. For pauper suits see secs. 401, &c. (n) In Sheikh Mazhar Ali v. Mussa mat Basoo S.W. R. VIII, 47, where a plaintiff did not put on an additional stamp, or bring the case before the proper Court, but contended till the end of the suit that bis valuation was correct, it was held on appeal that he was not entitled to the return of his plaint. In an appeal, special, where the lower appellate Court rightly set aside the Munsiff's proceedings on the ground that the property in the suit was valued at an amount beyond his jurisdiction, the plaintiff was held to be entitled to have his plaint returned to him that he might present it, with the proper additional stamp, before the proper Court. B. L. R. V. 15, Mussamat Jadu v. Sheikh Hifazat Hussain. (o) An appeal lies from orders under these two clauses, sec. 588. Neither of the two clauses apply to the High Courts in their original civil jurisdiction, sec. 638. (p) See App. Enactments by which cognizance is barred. (1) When a plaint disclosing a reasonable case on the merits is presented to any Civil or Revenue Court in such a form that the presiding Judge or officer, without summoning the defendants, rejects it, not for any substantial defect, but on account of an entirely technical error in form only, and so as to leave the plaintiff free to prosecute precisely the same cause in another form against the same defendant, the value of the stamp on the plaint shall be refunded on presentation of an application to the Collector of the district in which the Court is situated, together with a certificate from the Judge or officer who rejected the plaint, that it was rejected under the circumstances above described, and that the value of the stamp should, in his opinion, be refunded. Notfn, Govt. of India, No. 2768 of April 30,1874 (r) A Munsiff in the N.-W. P. took cognizance of a suit against an officer in H. M.'s Indian Army serving in the Panjab, beyond the jurisdiction of any Small Cause Court, for a debt of Rs. 41-4-0, on the ground that the cause of action arose within the local limits of the jurisdiction of the Court. The N-W. P., High Court (C. O. III. of 1877) point out that this was wrong, as under the 99th section of the Mutiny Act, which must be read with, and where at variance with it, controls this Code, an officer serving beyond the jurisdiction of any Court of Small Causes can be sued for a debt under Rs. 400 only in a Court of Requests composed of military officers. (s) This section is an important one, as it considerably qualifies this restriction. *See p. 59. +Ss. 36-39. IS. 48. CHAPTER VI. OF THE ISSUE AND SERVICE OF SUMMONS. Summons. Issue of Summons. M. 64. (41) When the plaint has been registered,* (a) and the copies or concise statements required by section 58 have been filed, a summons (6) may be issued to each defendant to appear and answer the claim on a day to be therein specified, or as soon thereafter as may be practicable, (a) in person, or (b) by at pleader duly instructed*(c) and able to answer all material questions relating to the suit, or (c) by at pleader accompanied by some other person able to answer all such questions. Every such summons shall be signed by the Judge or such officer as he appoints, and shall be sealed with the seal of the Court: Provided that no such summons shall be issued when the defendant has appeared at the presentation of the plaint and admitted the plaintiff's claim. M. 65. Every such summons shall be accompanied with one of the copies*(d) or concise statements mentioned in section 58. Copy or statement annexed to summons. M. 66. (42.) If the Court may order defendant or plaintiff to appear in person. day therein specified. Court see reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the If the Court see reason to require the personal appearance of the plaintiff on the same day, it may make an order for such appearance. No party to be ordered to appear in person unless resident within 50 or, SS. 17, n. (e). where there is a railway, 200 miles. M. 67. (42) No party shall be ordered to appear in person unless he resides§ (a) within the local limits of the Court's ordinary original jurisdiction, or (b) without such limits and at a place less than fifty, or, where there is railway communication for five-sixths of the distance between the place where he resides and the place where the Court is situate, two hundred miles from the court-house. (t) An appeal lies from orders under these clauses, sec. 588. (u) For the form of these see. Sch. IV. These correspond to the libellus conventionis which the plaintiff had to furnish in the time of Jus tinian, and were sent by an executor to the defendant. For evidence of, proof of, presumption as to, interpretation of documents, see App. Evidence Act I. 1872, secs. 22, 32, 39, 47, 61–95, 97, 99, 131, 160, 162, 165. (v) In Thompson v. Jahangir Hormasji, Bom H. C. R. III., 67, the accidental omission to file a copy of a document sued on, where the original was produced at the time the plaint was filed, and marked by the Court, was held to be no ground for rejecting the original as evidence and dismissing the suit. A Court has no authority to reject a plaint because the document upon which the plaintiff sues is not produced with it. Ex parte Ryachand Amichand, Bom H. O. 1I., p. 369. (w) Includes bills of exchange, promissory notes and cheques. CHAPTER VI: Processus legis est gravis vexatio. It will be found that the old rules for service of summonses have been much amplified. Thus a defendant (1) may escape the cost of a summons and other attendant expenses by appearing at the presentation of the plaint and admitting the claim; (2) is entitled to receive a copy or concise statement of the claim with the summons, and thus be saved the trouble of a journey up to Court in uncertainty of what he has to answer: no party resident out of jurisdiction and 200 miles from the court-house can be ordered to appear in person. Serving officers will have to be more precise in their endorsements. These are the chief innovations, and all of them tend either to expedite work, to reduce the inevitable trouble that litigation entails, or to ensure greater care and accuracy in service; in short to alleviate the gravis vexatio which waits upon the procession of law. The Calcutta High Court C. O. on the issue and service of summons well deserves attention. It is here reproduced. The orders of the Madras, North-West, Bombay, Central Provinces and Panjab Courts on the same subject are not so full; and whatever new matter they introduce will be found in the notes. The Calcutta Court say as follows: The returns transmitted by the local Courts of the service of writs of summons, and notices of the hearing of appeals issued by the High Court for service within the jurisdiction of local Courts, are in many instances so insufficient, as to necessitate postponements, the re-transmission of each process for further proof, or the issue and transmission of fresh processes for service. 2. The Courts frequently send up nothing but the Nazir's return, which is often no more than a mere report of oral statements made to him by others as to the mode of service, Such returns, without proof of the statements contained therein, are of no value. 3. Whenever it is necessary that a summons should be served beyond the limits of the jurisdiction of the Court which issued it, the Court which is called upon to serve the summons is by sec. 85 placed in the same situation as if it had itself issued the summons, and ought to satisfy itself that the summons has been effectually served as directed by the Act. See further notes to sec. 85, 4. The duty of the local Courts is, notwithstanding repeated admonitions, so often imperfectly performed in this matter, that it appears to the High Court necessary to remind them that no Court can rightly proceed to hear a suit or an appeal ex parte until it has been proved, to the satisfaction of the Court, that a summons to a defendant to appear, or notice to a respondent of the hearing of an appeal, as the case may be, has been duly served, i. e. has been served strictly in such manner as the law provides. 5. The service should be personal in all cases in which personal service is practicable, and the Court ought not in ex parte cases to act upon anything short of personal service until it is satisfied that personal service could not reasonably be effected. M. 68. (41) The Court shall determine, at the time of Summons to be either issuing the summons, (e) whether it to settle issues or for final shall be for the* settlement of issues disposal. only, or for the final disposal of the suit; and the summons shall contain a direction accordingly+: Provided that, in every suit cognizablet by Courts of Small Causes, the summons shall be for the final disposal of the suit. Fixing day for appearance of defendant. M, 69. (45) The day for the appearance of the defendant shall be fixed by the Court with reference to its current business, the place of residence of the defendant, and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day. Summons to order defen What shall be deemed 'sufficient time't (f) must be determined with reference to the circumstances of the case. M. 70. (43) The summons to appear and answer shall order the defendant to produce any documents in his possession or power, containing evidence|| relating to the merits of the plaintiff's case, defendant intends to rely in support of §S, 3, I. 1872, dant to produce documents required by plaintiff or relied on by defendant. or upon which the his case. M. 71. When On issue of summons for final disposal, parties to be directed to produce their witnesses. the summons is for the final disposal of the suit, it shall direct the defendant to produce, on the day fixed for his appearance, the witnesses upon whose evidence|| he intends to case. rely in support of his M. 72. (47) The service. dinates. † (g). Mode of service. Service of Summons. summons shall be delivered to the proper officer of the Court, to be served by him or one of his subor Service of the summons shall be made by delivering or tendering a copy thereof, signed by the Judge or such in this behalf, and sealed with the officer as he appoints M. 74. When there are more defendants than one, service of the summons shall be made on cach defendant: Service on several defendants, |