procedure/provision for execution of summon against respondent residing in CANADA
vinod bansal
(Querist) 16 January 2011
This query is : Resolved
R/Experts
I am filing a petition against against a person residing outside from India,kindly let me know relevent procedure/provision for execution of summon against respondent residing in CANADA.Thanks
Rohtash Babu Patel
(Expert) 17 January 2011
Through Embassy, the notice will be served as per provision of Code of Civil Procedure
Amit Minocha
(Expert) 17 January 2011
through respective embassy
Parveen Kr. Aggarwal
(Expert) 18 January 2011
Order 5, Rules 25, 26 and 26-A of the Code of Civil Procedure, 1908:
"25. Service where defendant resides out of India and has no agent: Where the defendant resides out of India and has no agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him 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:
Provided that where any such defendant 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 in Bangladesh or Pakistan not belonging to the Bangladesh or, as the case may be, Pakistan military naval or air forces or is 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.
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
(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 officer 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."
