Section 6
Duplicates Of Complaint And Documentary Evidence To Be Given to Defendant
6. Duplicates of complaint and documentary evidence to be given to defendant :
(1) If the defendant is in police custody on a case
instituted by the police, the concerned police office shall give duplicate
copy of the complaint and each of the documentary evidences relating
thereto to the defendant immediately on the filing of the complaint.
(2) In a case instituted pursuant to Sub-section (4) of Section 5,
the court shall give duplicate copies of each of the memorandum set
forth in that Sub-section and documentary evidence relating thereto to
the defendant prior to taking his or her statement or send them along
with the summons or process.
(3) In cases other than those set forth in Sub-sections (1) and (2),
the plaintiff shall submit to the court along with the complaint duplicate
copies of the complaint and documentary evidence relating thereto at the
rate of one copy for each plaintiff, and the court shall send the duplicates
along with the summons or process to the defendant.
Provided that, it will suffice to submit or send only one duplicate
copy of the complaint and documentary evidence relating thereto
irrespective of the number of defendants living in the joint family.
(4) Where proceedings of a case have been instituted without
giving or sending duplicate copies required to be given or sent to the
defendant pursuant to this Section, the proceedings shall be voided.
(5) Where a summons or process has been posted pursuant to
Sub-section (2) of Section 7, the person serving the summons or process
shall return the duplicate copies sent along with the summons or process
to the court, and the defendant may at any time receive the duplicate
copies from the court
(1) If the defendant is in police custody on a case
instituted by the police, the concerned police office shall give duplicate
copy of the complaint and each of the documentary evidences relating
thereto to the defendant immediately on the filing of the complaint.
(2) In a case instituted pursuant to Sub-section (4) of Section 5,
the court shall give duplicate copies of each of the memorandum set
forth in that Sub-section and documentary evidence relating thereto to
the defendant prior to taking his or her statement or send them along
with the summons or process.
(3) In cases other than those set forth in Sub-sections (1) and (2),
the plaintiff shall submit to the court along with the complaint duplicate
copies of the complaint and documentary evidence relating thereto at the
rate of one copy for each plaintiff, and the court shall send the duplicates
along with the summons or process to the defendant.
Provided that, it will suffice to submit or send only one duplicate
copy of the complaint and documentary evidence relating thereto
irrespective of the number of defendants living in the joint family.
(4) Where proceedings of a case have been instituted without
giving or sending duplicate copies required to be given or sent to the
defendant pursuant to this Section, the proceedings shall be voided.
(5) Where a summons or process has been posted pursuant to
Sub-section (2) of Section 7, the person serving the summons or process
shall return the duplicate copies sent along with the summons or process
to the court, and the defendant may at any time receive the duplicate
copies from the court