Section 28 of The Code of Civil Procedure, 1908
Service of summons where defendant resides in another State.
- (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. 1[(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.]
Summary
- A summons can be sent to another State if the defendant lives there.
- The summons is sent to a Court in that other State to be delivered according to their local rules.
- The Court in the other State treats the summons as if it had issued it itself.
- After delivery, that Court sends the summons back to the original Court along with any related records.
- If the languages are different, a translation in Hindi or English must be included with the records.
Practical examples
FAQ
1. How is a summons served to a defendant in a different State under Section 28 of The Code of Civil Procedure, 1908?
It is sent to a Court in that other State and served according to the rules in force in that State as per Section 28 of The Code of Civil Procedure, 1908.
2. What must a receiving Court do after serving a summons from another State under Section 28 of the civil law?
It must return the summons and the record of its proceedings to the original Court of issue under Section 28 of the civil law.
3. Is a translation required for summonses sent to another State under Section 28 of the 1908 Code?
Yes, if the languages differ, a translation of the record into Hindi or English must be sent according to Section 28 of the 1908 Code.
Test yourself
1.Under Section 28 of The Code of Civil Procedure, 1908, which rules govern how a summons is served in another State?
2.According to Section 28 of the Code of Civil Procedure, 1908, what happens once the second Court receives the summons from another State?
3.If the language of the record from the serving Court is different from the original Court's language, what translation is required by Section 28 of the 1908 Code?
4.Under Section 28 of The Code of Civil Procedure, 1908, to whom does the serving Court return the summons and records?