Order V Rule 5 CPC: Summons for Settlement of Issues or Final Disposal
Order V Rule 5 of the Code of Civil Procedure, 1908 requires a civil court, when issuing summons, to specify whether the defendant is being summoned for settlement of issues or for final disposal of the suit. A special proviso applies to suits heard by a Court of Small Causes.
Text of Order V Rule 5 CPC
5. Summons to be either to settle issues or for final disposal.—The Court shall determine, at the time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal of the suit; and the summons shall contain a direction accordingly:
Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final disposal of the suit.
Central provision as reproduced in the official India Code text. Applicable state amendments and special procedural regimes should be checked for the court and case concerned.
Meaning and purpose of Rule 5
The rule requires the court to identify the intended purpose of the first hearing and state that purpose in the summons. This helps the defendant understand whether the hearing is primarily directed at identifying the matters in dispute or whether the suit is listed for final determination, subject to the applicable procedural requirements.
Summons for settlement of issues
An issue is a material proposition of fact or law affirmed by one party and denied by the other, as explained in Order XIV Rule 1 CPC. At the settlement-of-issues stage, the court identifies the disputed questions that require adjudication. A summons for settlement of issues does not, merely by its description, mean that a final judgment must be delivered on that date.
Summons for final disposal
A summons for final disposal indicates that the case is listed with a view to determining the suit at the specified hearing, if the law and circumstances permit. Under Order V Rule 8 CPC, where summons is issued for final disposal, it must also direct the defendant to produce the witnesses on whose evidence the defendant intends to rely. Final disposal is not automatic: the court must observe the requirements of fair hearing, evidence and the applicable CPC rules.
Settlement of issues versus final disposal
| Feature | Settlement of issues | Final disposal |
|---|---|---|
| Primary purpose | Identify contested questions of fact and law | Proceed towards deciding the suit |
| What the summons states | Hearing for settlement of issues | Hearing for final disposal |
| Witnesses | Evidence ordinarily follows procedural directions | Rule 8 requires a direction to produce relied-upon witnesses |
| Outcome | Issues may be framed and further hearing scheduled | Judgment may follow if procedural conditions are satisfied |
Proviso: Courts of Small Causes
The proviso makes final-disposal summons mandatory for every suit heard by a Court of Small Causes. This reflects the simplified procedure for cases within that court's jurisdiction. It does not dispense with notice, an opportunity to be heard or other applicable safeguards.
Related CPC provisions
Order V Rule 1 deals with issuing summons to the defendant and the written statement; Rule 2 requires a copy of the plaint to accompany the summons; Rule 6 addresses fixing a date that allows sufficient time for appearance; Rule 7 concerns production of relied-upon documents; and Rule 8 specifically addresses witnesses when summons is for final disposal. Order XIV governs framing of issues, while Order XV addresses disposal of a suit at the first hearing in specified circumstances.
Where a suit is a commercial dispute of specified value, the Commercial Courts Act, 2015 and its CPC amendments may impose additional or different procedural requirements. Local High Court rules and valid state amendments may also be relevant.
Practical illustration
Suppose a defendant contests liability under a contract. A summons for settlement of issues indicates that the court will identify questions such as whether the contract was breached and whether damages are payable. By contrast, a summons for final disposal calls for readiness to proceed to determination, including production of witnesses as directed under Rule 8. Whether judgment can be delivered at that hearing depends on the pleadings, evidence and governing procedure.
Official legal sources
Read the Code of Civil Procedure, 1908 (India Code, official PDF) for Order V Rule 5 and connected rules. The Bombay High Court legislation compilation may be consulted for relevant regional amendments, where applicable.
Last reviewed: 12 October 2026. This article is general legal information, not advice on an individual proceeding.