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The Code of Civil Procedure, 1908: page 96

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 96, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    (3) Where service substituted, time for appearance to be fixed.—Where service is substituted by
order of the Court, the Court shall fix such time for the appearance of the defendant as the case may
require.
     1
    [20A. Service of summons by post.] Rep. by the Code of Civil Procedure (Amendment) Act, 1976
(104 of 1976), s. 55 (w.e.f. 1-2-1977)].
    21. Service of summons where defendant resides within jurisdiction of another Court.—A
summons may be sent by the Court by which it is issued, whether within or without the State, either by
one of its officers 2[or by post or by such courier service as may be approved by the High Court, by fax
message or by Electronic Mail service or by any other means as may be provided by the rules made by
the High Court] to any Court (not being the High Court) having jurisdiction in the place where the
defendant resides.
     22. Service within presidency-towns of summons issued by Courts outside.—Where a summons
issued by any Court established beyond the limits of the towns of Calcutta, Madras 3[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.
    23. 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.
                                                                                    e
    24. Service on defendant in prison.—Where the defendant is confined in a prison, the summons
                                                                            od
shall be delivered or sent 2[or by post or by such courier service as may be approved by the High Court,
by fax message or by Electronic Mail service or by any other means as may be provided by the rules
                                                                      aC
made by the High Court] to the officer in charge of the prison for service on the defendant.
                                                               di
     25. Service where defendant resides out of India and has no agent.—Where the defendant resides
out of 4[India] and has no agent in 4[India] empowered to accept service, the summons shall be addressed
                                                          In
to the defendant at the place where he is residing and sent to him 2[or by post or by such courier service as
may be approved by the High Court, by fax message or by Electronic Mail service or by any other means
as may be provided by the rules made by the High Court], if there is postal communication between such
place and the place where the Court is situate:
     5
     [Provided that where any such defendant 6[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 7[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 in the Official Gazette, specify in this behalf.]
     8
      [26. 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



1. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002).
3. Subs. by the A.O. 1937, for “Bombay and Rangoon”.
4. Subs. by Act 2 of 1951, s. 3, for “the State”.
5. Ins. by Act 19 of 1951, s. 2.
6. Subs. by Act 104 of 1976, s. 53, for “resides in Pakistan,” (w.e.f. 1-2-1977).
7. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977).
8. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977).

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