Order V Rules 26, 26A, 27, 28, 29 and 30 CPC: Service of Summons

Order V Rule 26 CPC Service in foreign territory through Political Agent or Court

Rule 26 applies where, in the exercise of foreign jurisdiction vested in the Central Government, a Political Agent has been appointed or a Court has been established or continued with authority to serve summonses issued by an Indian Court in a foreign territory in which the defendant actually and voluntarily resides, carries on business or personally works for gain.

It also applies where the Central Government has, by notification in the Official Gazette, declared that service by a specified Court situated in such foreign territory shall be treated as valid service. In such cases the summons may be transmitted to the Political Agent or Court by post or otherwise, through the Ministry dealing with foreign affairs when so directed, or in another manner specified by the Central Government.

An endorsement by the Political Agent, Judge or other authorised officer stating that the summons was served in the prescribed manner is treated as evidence of service.

Order V Rule 26A CPC Summonses to be sent to officers in foreign countries

Where the Central Government has notified that summonses for defendants actually and voluntarily residing, carrying on business or personally working for gain in a foreign territory may be sent to a specified officer of that foreign Government, the summons may be transmitted to that officer through the Ministry of the Government of India dealing with foreign affairs or in another manner specified by the Central Government.

If the foreign officer returns the summons with an endorsement stating that it has been served on the defendant, that endorsement is treated as evidence of service.

Order V Rule 27 CPC Service on civil public officer or employee of railway company or local authority

Where the defendant is a public officer, other than a member of the Indian military, naval or air forces, or is an employee of a railway company or local authority, the Court may, where it considers that method most convenient, send the summons for service to the head of the office in which the defendant is employed, together with a copy to be retained by the defendant.

Order V Rule 28 CPC Service on soldiers, sailors or airmen

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

Order V Rule 29 CPC Duty of person to whom summons is delivered or sent for service

Where a summons is delivered or sent to a person for service under Rule 24, Rule 27 or Rule 28, that person is bound to serve it if possible and return it under his or her signature together with the defendant's written acknowledgement. The signature of the person returning the summons is treated as evidence of service.

If service is impossible, the summons must be returned to the Court with a full statement explaining why service could not be effected and describing the steps taken to procure service. That statement is treated as evidence of non-service.

Order V Rule 30 CPC Substitution of letter for summons

The Court may substitute a letter for an ordinary summons where, in the Court's opinion, the defendant is of a rank entitling the defendant to that mark of consideration. The letter must be signed by the Judge or by an officer appointed for that purpose.

The substituted letter must contain all particulars that would otherwise be required in a summons and, subject to Rule 30(3), is treated in all respects as a summons.

The letter may be sent by post, by a special messenger selected by the Court, or in another manner the Court considers appropriate. If the defendant has an agent empowered to accept service, the letter may be delivered or sent to that agent.