ORDER V RULE 21, 22, 23, 24, 25 OF CODE OF CIVIL PROCEDURE 1908

What is the method of Service of summons where defendant resides within jurisdiction of another Court? What is Service within presidency-towns of summons issued by Courts outside? What is the Duty of Court to which summons is sent? What is the mode of Service on defendant in prison? How to Service where defendant resides out of India and has no agent? Rule 21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908

Service of summons where defendant resides within jurisdiction of another Court, Service within presidency-towns of summons issued by Courts outside, Duty of Court to which summons is sent, Service on defendant in prison and Service where defendant resides out of India and has no agent are defined under Rule 21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 21 Order V of Code of Civil Procedure 1908 "Service of summons where defendant resides within jurisdiction of another Court"

A summons may sent by the Court by which it is issued, whether within or without the State, either by one of its officers or by post to any Court (not being the High Court) having jurisdiction in the place where the defendant resides.

Rule 22 Order V of Code of Civil Procedure 1908 "Service within presidency-towns of summons issued by Courts outside"

Where as summons issued by any Court established beyond the limits of the towns of Calcutta, Madras and Bombay is to be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it is to be served.

Rule 23 Order V of Code of Civil Procedure 1908 "Duty of Court to which summons is sent"

The Court to which a summons is sent under rule 21 or rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.

Rule 24 Order V of Code of Civil Procedure 1908 "Service on defendant in prison"

Where the defendant is confined in a prison, the summons shall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the defendant.

Rule 25 Order V of Code of Civil Procedure 1908 "Service where defendant resides out of India and has no agent"

Where the defendant resides out of India and has no agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate :

Provided that where any such defendant resides in Bangladesh or Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides :

Provided further that where any such defendant is a public officer in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority. in that country as the Central Government may, by notification the Official Gazette, specify in this behalf.

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