SECTION 27, 28 OF CODE OF CIVIL PROCEDURE 1908

What is Summons to defendants? What is the procedure for Service of summons where defendant resides in another State? Section 27 and 28 of Code of Civil Procedure 1908

Summons to defendants and Service of summons where defendant resides in another State are defined under Section 27 and 28 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 27 of Code of Civil Procedure 1908 "Summons to defendants"

Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed

 

Section 28 of Code of Civil Procedure 1908 "Service of summons where defendant resides in another State"

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.

(2) The Court to which such summons is sent 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.

(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub- section (2), a translation of the record,

(a) in Hindi, where the language of the Court issuing the summons is Hindi, or

(b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section

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