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Report No. 27

"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 resides, or

(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, signed by such Political Agent or by the Judge or other officer of the Court that the summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall be deemed to be evidence of service.".

Order V, rule 26A (New)

After rule 26 of Order V of the First Schedule to the principal Act, the following rule shall be inserted, namely.-

"26A. Summonses to be sent to officers of 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 residing in that foreign territory may be sent to an officer of the foreign territory specified by the Central Government, the summonses may be sent to the officer of the foreign territory so specified, 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 the summons with an endorsement signed by him that the summons has been served on the defendant, such endorsement shall be deemed to be evidence of service."

Order VI, rule 2

For rule 2 of Order VI of the First Schedule to the principal Act, the following rule, shall be substituted, namely:-



Code of Civil Procedure, 1908 Back




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