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Section 28: Service of summons where defendant resides in another State.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

(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.]

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section28
Marginal noteService of summons where defendant resides in another State.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it5

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 104 of 1976. . Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).

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