A PROJECT

ON
LAW RELATING TO SERVICE OF FOREIGN SUMMONS
SUBJECT: C.P.C.

SESSION: 2023-24

SUBMITTED ON: 30 APRIL 2024

SUBMITTEDBY: SUBMITTED TO:

Mr. Rahul Bansiwal Dr. GhanShyam Bera

Roll No. 53 [Faculty Of C.P.C.]

Class - VIII Semester

Section - A

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY OF RAJASTHAN

JAIPUR
 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

DECLARATION

I,Rahul Bansiwal, hereby declare that thr project titled “Law Relating To Service Of
Foreign Summons” is based on the original research carried out by me under the guidance
and supervision of Dr. GhanShyam Bera. The interpretations put forth are based on my
reading and understanding of the original text. The book, article and website etc. which have
been relied upon by me have been duly acknowledged at the respective place in the text.

For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or in any university.

DATE: SIGNATURE
30 April 2024 [Rahul Bansiwal]

Roll No. 53

Semester VIII-A

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

CERTIFICATE

Dr. GhanShyam Bera Date: 30 April 2024

Faculty of C.P.C.

University Five Year Law College,

University of Rajasthan, Jaipur

This is to certify that Mr. Rahul Bansiwal student of VIII Semester, SEC-A of University

Five Year Law College, University of Rajasthan has carried out the project entitled “Law

Relating To Service Of Foreign Summons” under my supervision and guidance. It is an

investigation report of a minor project. The student has completed research work in my
stipulated time and according to the norms prescribed for the purpose.

SIGNATURE

[Dr. GhanShyam Bera]

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

ACKNOWLEDGEMENT

The present study relates to a comprehensive analysis of “Law Relating To Service Of

Foreign Summons” to give clear underrating of the subject in broader perspective.

I am heartily grateful to, Dr. GhanShyam Bera, Faculty of C.P.C. , University Five Year
Law College, University of Rajasthan, Jaipur, for having guided me through this long &
difficult journey that culminated in the present Project without whose co-operation, stimulating
inspiration, constant help, able guidance, innovative deliberations & continuous supervision
this work could not have seen the light of the day. Hence, I sincerely want to express my deep
sense of honor & gratitude towards him.

I shall be failing in my duty if I do not express my debt of gratitude to Dr. Akhil Kumar,
Director, University five-year law college, University of Rajasthan, Jaipur, for extending his
co-operation in the completion of this work.

I would also like to thank to all library staff & the remaining staff members of the Department
of Law, University of Rajasthan, Jaipur who have always extended an h& of co-operation
throughout the course of the research work.

SIGNATURE

[Rahul Bansiwal]

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

Table of Contents

Declaration ....................................................................................................................
Certificate ......................................................................................................................
Acknowledgement.......................................................................................................

Chapter I : Meaning & Objectives of Summon…………..……………….………..6

Chapter II : Service Of Foreign Summons……………….……………………..….7
Chapter III : Statutory Provisions Regarding Summons.…………………………..8
Chapter IV: Conclusion……………...……………………………………..……..10
Bibliography………………………………………………………………….…...11

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

CHAPTER - I
MEANING & OBJECTIVES OF SUMMON
The word ‘summon’ has not been defined anywhere in the code. The definition of summons as
given by the Oxford dictionary states that, “a document which is issued from the court of justice
and calls upon a person to whom it is directed, to be present before a judge or court for a specific
reason is called a summon.” Issue and service of summons are given under Order V of the Code.

The Code of Civil Procedure, 1908 (CPC) defines "summons” as a legal document issued by a
court to notify a defendant (the person against whom a lawsuit is filed) that a case has been filed
against them and to appear before the court on a specified date and time.The purpose of a
summons is to ensure that the defendant is given adequate notice of the legal proceedings
initiated against him and is given an opportunity to be heard in the matter.

The importance of summons lies in the fact that when a plaintiff files a suit, the defendant must
be informed about the suit that has been filed against him so that he can be heard and the
procedure of fair trial is followed. The document which is sent by the court to the defendant to
inform him about the suit filed against him is known as a summon.

 OBJECTIVE OF SUMMONS

It is important to inform a person about any legal action that has been taken against them.

It gives an opportunity to the defendant to present his case and side of the story.

The basis of summons lies in the maxim “Audi Alteram Partem”, which means to hear both
sides.

It further helps in following the principles of natural justice and ensures fair proceedings and
trial.

It helps in ensuring the presence of either a witness or accused or any other person who is
involved directly or indirectly in a suit before the court.

To produce the necessary documents.

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

CHAPTER - II
SERVICE OF FOREIGN SUMMONS

According to Section 29 of the code, if any foreign summon has to be served, then it must be
sent to the court in the territories where the code applies, and they will further serve the
summons as if it had been issued by them.

Section 29 of the Code of Civil Procedure (CPC) outlines the procedures for serving summonses
on parties residing in foreign countries. It provides the legal framework for ensuring that legal
proceedings in India are not hindered by international borders.

This section allows the Indian courts to serve summonses on individuals or entities located
outside the country. It plays a vital role in ensuring that all parties involved in a legal dispute are
informed and can participate in the legal proceedings, regardless of their location.

If the defendant does not live in India and has no agent then according to Order V Rule 25, the
court can serve the summons by way of post, fax, email or any other appropriate means. The
other way of serving the summons to such sovereign country where the defendant resides is
either by a political agent or through the court of that country, which has powers and authority to
serve the summons as given under Order V Rule 26.

India is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-
Judicial documents in Civil and Commercial Matters. Therefore, the formal method for service
in India with effect from August 1, 2007 is pursuant to the Hague Convention, taking into
account the declaration or special conditions mentioned by India in while signing the Hague
Convention. The declarations made by India while signing the Convention include the following:

 Documents for service must be written in the English language.

 Documents cannot be served via mail.
 Documents must be served in India indirectly via proper authority.
 Documents under the Hague Convention cannot be served directly to the defendants
in India by private judicial officer.

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

CHAPTER - III
STATUTORY PROVISONS REGARDING SUMMONS

 1Section 29 : Service of Foreign Summonses

 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.]

 Order V Rule 25 : Service where defendant resides out of India and has no
agent.

Where the defendant resides out of 4 [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 [or 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.

 Order V Rule 26 : Service in foreign territory through Political Agent or

Court.

Where—
1
Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951)

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

(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.

 Order V Rule 26A : Summonses to be sent to officers 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.

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

CHAPTER - IV
CONCLUSION
Order 5 of the Code of Civil Procedure, 1908 specifically deals with the issue and service of
summons to the defendant. It provides various rules related to the issuance of summons and their
modes of service. All of these have been discussed in detail in the article. It also provides the
scenario as to what will happen if a person refuses the summons. The defendant has also been
given the opportunity to raise the objections to the summons if any at the earliest or else it will
be waived. But there are many instances where the defendants tend to avoid or ignore the
summons. This further results in delays in court proceedings and the pendency of suit. The law
makers and the courts must look into this issue in order to solve the problem of the pendency of
cases in our country.

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 LAW RELATING TO SERVICE OF FOREIGN SUMMONS

BIBLIOGRAPHY
 BOOK REFERENCES
1. Civil Procedure, C. K. Takwani, Eastern Book Company, 10th Edition, 2024

 WEB SOURCES
1. https://blog.ipleaders.in/order-5-cpc/

2. https://www.indiacode.nic.in/

3. https://lawrato.com/indian-kanoon/cpc/section-29

4. https://restthecase.com/knowledge-bank/what-is-summons-under-cpc

5. https://www.ilms.academy/blog/service-foreign-summonses-indian-legal-proceedings-
section-29-cpc

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