SUMMONS AND DISCOVERYCentral

Section 29 of The Code of Civil Procedure, 1908

Service of foreign summonses.

1[29. Service of foreign summonses.-- Summonses and other processes issued by

(a)any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or
(b)any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or
(c)any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.]

Summary

Summonses issued by certain "foreign" or specific Courts can be served in territories where the Code applies.
This applies to Courts in parts of India where the Code does not usually reach.
It also applies to Courts established or continued by the Central Government outside of India.
Other foreign Courts can be included if the Central Government publishes a notification in the Official Gazette.
These summonses are served by local Courts as if they had issued them themselves.

Practical examples

1A Court in a part of India where this Code does not extend sends a summons to a Court in West Bengal. The West Bengal Court serves it to the resident there as if it were a local case.

2The Central Government notifies that summonses from Singapore's civil courts can be served in India. A Chennai Court receives one and delivers it to a local defendant.

FAQ

1. What types of "foreign" summonses can be served under Section 29 of The Code of Civil Procedure, 1908?

It includes summonses from Indian Courts where the Code doesn't extend, Central Govt Courts outside India, and notified foreign Courts as per Section 29 of The Code of Civil Procedure, 1908.

2. How does a local Court treat a foreign summons sent under Section 29 of the civil law?

The local Court serves it as if it were a summons issued by that Court itself according to Section 29 of the civil law.

3. Who has the power to declare Section 29 of the 1908 Code applicable to a foreign Civil Court?

The Central Government has this power through a notification in the Official Gazette under Section 29 of the 1908 Code.

Test yourself

1.Under Section 29 of The Code of Civil Procedure, 1908, summonses from which Courts can be served in India?

2.According to Section 29 of the 1908 Code, what is required for a summons from a general foreign Court to be served in India?

3.How are foreign summonses handled by Courts in the territories to which the Code extends under Section 29 of The Code of Civil Procedure, 1908?

4.Does Section 29 of the Code of Civil Procedure, 1908, apply to Revenue Courts?

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