CPC Section 28 — Service of summons where defendant resides in another State

Civil

Summary

If a court needs to serve a summons on someone living in another state, it can send the summons to a court in that other state in the way allowed by that state's rules. The court that receives the summons must handle it as if it had issued the summons itself, and then send the summons back to the original court along with any record of what it did. If the summons is in a different language than the record, a translation of the record must also be sent—either in Hindi if the original court uses Hindi, or in Hindi or English if the record is in another language.

Official Text

(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.