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The Code of Civil Procedure, 1908: page 97

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 97, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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          (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.
    26A. Summonses to be sent to officers 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 returns 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.]
                                                                                e
    27. Service on civil public officer or on servant of railway company or local authority.—Where
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the defendant is a public officer (not belonging to the 1[the Indians] military 2[naval or air] forces 3***),
or is the servant of a railway company or local authority, the Court may, if it appears to it that the
                                                                   aC
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.
                                                            di
    28. Service on soldiers, sailors or airmen.—Where the defendant is a soldier, 4[sailor] 5[or airman],
                                                       In
the Court shall send the summons for service to his commanding officer together with a copy to be
retained by the defendant.
    29. 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 acknowledgment 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.
    30. 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.




1. Subs. by the A.O. 1950, for “His Majesty’s”.
2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or naval”.
3. The words “or His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and Sch. I.
4. Ins. by s. 2 and Sch., ibid.
5. Ins. by Act 10 of 1927, s. 2 and Sch. I.

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