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The Code of Civil Procedure, 1908: page 44

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 44, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                  Institution of suits
                                      1
    26. Institution of suits. — [(1)] Every suit shall be instituted by the presentation of a plaint or in such
other manner as may be prescribed.
     2
       [(2) In every plaint, facts shall be proved by affidavit.]
     *[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of
Rule 15A.]
                                                Summons and discovery
    27. 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 3[on such day not
beyond thirty days from date of the institution of the suit.]
    28. 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.
    4
      [(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,
                                                                                  e
shall also be sent together with the record sent under that sub-section.]
    5
                                                                           od
      [29. Service of foreign summonses.—Summonses and other processes issued by—
                                                                     aC
           (a) any Civil or Revenue Court established in any part of India to which the provisions of this
      Code do not extend, or
                                                              di
           (b) any Civil or Revenue Court established or continued by the authority of the Central
      Government outside India, or                       In
           (c) any other Civil or Revenue Court outside India to which the Central Government has, by
      notification……………………………… in the Official Gazette, declared the provisions of this
      section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were
summonses issued by such Courts.]
    30. Power to order discovery and the like.—Subject to such conditions and limitations as may be
prescribed, the Court may, at any time, either of its own motion or on the application of any party,—
           (a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
      answering of interrogatories, the admission of documents and facts, and the discovery, inspection,
      production, impounding and return of documents or other material objects producible as evidence;
           (b) issue summonses to persons whose attendance is required either to give evidence or to
      produce documents or such other objects as aforesaid;
           (c) order any fact to be proved by affidavit.
    31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give
evidence or to produce documents or other material objects.
    32. Penalty for default.—The Court may compel the attendance of any person to whom a summons
has been issued under section 30 and for that purpose may—
           (a) issue a warrant for his arrest;
           (b) attach and sell his property;



1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
2. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).
5. Subs. by Act 2 of 1951, s. 6, for s. 29 (w.e.f. 1-4-1951).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).


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