(4) If the defendant enter appearce the plaintiff shall thereafter serve on the defendanrt a summon for judgment s in Form No.4A in appendix B or such other form as may be perscribed from time to time, returnable an ten days from the date of service supported by an affidavit verifying................................
The wording of this provisions is very cvlear , but in some court some issues arises hen plaintiff filed the printed out suumon in form no.4A in Appndix B for the judge tp sig and seal to be ser sd on the defendant, as some feels that it is the court which has to prepared the summon in Form No.4 A in Appendix B. and not by the plaintiff. Ther are some opinion thert it is a crime for the plaintiff to print out the summon as enivisaged in Form No.4a in Appendix B and file in the o t.
I want to know whether plaintiff has to file the printed form to be sign and seal by the judge in Form No.4A in Appendix B., or whether that is Judge duty to print out the summon and served on the defendant. I am of the view that the plaintiff has to prepare the summon in Form No.4A in appendix B and not the judge or either way it will be legal. Kindly share your views with decided case if any. Thanking you all in advance.
