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The issue is whether or not the summons issued by Rasputin against Concita is valid.

Section 2(1) CPC defines ‘summons case’ as a case relating to an offence and not being a warrant
case. In order to issue the proper process to compel the attendance of an accused person, it is
incumbent upon the court to firstly determine whether the offence falls under a summons or a
warrant case. Section 34 of the CPC states that every summons to appear issued by a court under
this code shall be in writing and signed as provided by the Courts of Judicature Act 1964, or the
Subordinate Courts Act 1948, and shall bear the seal of the Court. Section 35(1) of the CPC futher
states the summons shall if practicable be served personally on the person summoned by
showing him the original summons and by tendering or delivery to him a copy thereof under the
seal of the court.

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