5. Examination :
(1) Upon the filing of a complaint in any case, the court shall examine the following matters in that respect:
(a) Whether the claim of the plaintiff or the accusation intended to be made by the plaintiff against the
defendant is based on law or not?
(b) Whether the evidences presented or intended to be presented by the plaintiff are relevant in the case or
not and whether the evidences are adequate to prove the matters set forth in the complaint or not?
(2) If, in making examination pursuant to Sub-section (1), the court finds that the complaint of the plaintiff cannot sustain or the matters set forth in the complaint cannot be proved because of absence
of reliable or adequate evidence, it may cancel the complaint also mention the reason for the same.
(3) Except in cases where the complaint is to be canceled pursuant to Sub-section (2), the court shall:
(a) Take action upon immediately taking statement of the defendant if he or she is present in the court.
Provided that, if the defendant refuses to make statement immediately but intends to submit a
note of defense, a time-limit of Seven days shall be given to him or her.
(b) Issue a summons or process within Three days in the name of the defendant if he or she is not present
in the court.
(4) In cases where the court itself is to institute action under any law, if it appears from the immediately available evidence in a case that a case has to be instituted against any person, the court shall execute a
memorandum mentioning the following matters and take action pursuant to Clauses (a) and (b) of Sub-section (3):
(a) Full name and address of the defendant,
(b) Reason for instituting case, and
(c) Evidence relating thereto.