ORDER V RULE 26, 26A, 27, 28, 29 30 OF CODE OF CIVIL PROCEDURE 1908

How to do Service in foreign territory through Political Agent or Court- Where? How Summonses to be sent to officer to foreign countries? How to do Service on civil public officer or on servant of railway company or local authority? How to do Service on soldiers, sailors or airmen? What is the Duty of person to whom summons is delivered or sent for service? What is Substitution of letter for summons? Rule 26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908

Service in foreign territory through Political Agent or Court- Where, Summonses to he sent to officer to foreign countries, Service on civil public officer or on servant of railway company or local authority, Service on soldiers, sailors or airmen, Duty of person to whom summons is delivered or sent for service and Substitution of letter for summons are defined under Rule 26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 26 Order V of Code of Civil Procedure 1908 "Service in foreign territory through Political Agent or Court- Where"

(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent has been appointed, or a Court has been established or continued, with power to serve a summons, issued by a Court under this Code, in any foreign territory in which the defendant actually and voluntarily resides, carries on business or personally works for gain, or

(b) the Central Government has, by notification in the Official Gazette, declared, in respect of any Court situate in any such territory and not established or continued in the exercise of any such jurisdiction as aforesaid, that service by such Court of any summons issued by a Court under this Code shall be deemed to be valid service, the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the Central Government, through the Ministry of that Government dealing with foreign affairs, or in such other manner as may be specified by the Central Government for the purpose of being served upon the defendant : and, if the Political Agent or Court returns the summons with an endorsement purporting to have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.

Rule 26A Order V of Code of Civil Procedure 1908 "Summonses to he sent to officer to foreign countries"

Where the Central Government has, by notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served on defendants actually and voluntarily residing or carrying on business or personally working for gain in that foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central Government the summonses may be sent to such officer, through the Ministry of the Government of India dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if such officer ,any such summons with an endorsement purporting to have been made by him that the summons has been served on the defendant, such endorsement shall be deemed to be evidence of service.

Rule 27 Order V of Code of Civil Procedure 1908 "Service on civil public officer or on servant of railway company or local authority"

Where the defendant is a public officer (not belonging to the Indian military naval or air forces), or is the servant of a railway company or local authority, the Court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defendant to the head of the office in which he is employed together with a copy to be retained by the defendant.

Rule 28 Order V of Code of Civil Procedure 1908 "Service on soldiers, sailors or airmen"

Where the defendant is a soldier, sailor or airman, the Court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.

Rule 29 Order V of Code of Civil Procedure 1908 "Duty of person to whom summons is delivered or sent for service"

(1) Where a summons is delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to serve it if possible and to return it under his signature, with the written acknowledgement of the defendant, and such signature shall be deemed to be evidence of service.

(2) Where from any cause service is impossible, the summons shall be returned to the Court with a full statement of such cause and of the steps taken to procure service, and such statement shall be deemed to be evidence of non-service.

Rule 30 Order V of Code of Civil Procedure 1908 "Substitution of letter for summons"

 (1) The Court may, notwithstanding anything hereinbefore contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.

(2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.

(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent empowered to accept service, the letter may be delivered or sent to such agent.

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