Section 29 of CPC deals with the service of summons on a defendant who resides out of India. It provides that the summons may be sent for service out of India to such court or person as the Central Government may by notification in the Official Gazette appoint for that purpose in the country in which the defendant resides.
The purpose of Section 29 of CPC is to ensure that the defendant is given a fair opportunity to defend themselves in a lawsuit, even if they reside outside of India.
Procedure for service of summons out of India
The following procedure must be followed for service of summons out of India:
- The plaintiff must obtain a copy of the summons from the court in which the suit has been filed.
- The plaintiff must then send the summons to the Central Government, along with a request for service out of India.
- The Central Government will then send the summons to the appropriate court or person in the country in which the defendant resides, for service on the defendant.
- Once the summons has been served on the defendant, the court or person in the other country will send a certificate of service to the Central Government.
- The Central Government will then forward the certificate of service to the court in which the suit has been filed.
Time limit for service of summons out of India
The summons must be served on the defendant within sixty days from the date on which it is sent to the Central Government. If the summons is not served within sixty days, the court in which the suit has been filed may proceed with the suit ex parte.
Importance of Section 29 of CPC
Section 29 is an important provision of the CPC, as it ensures that the defendant is given a fair opportunity to defend themselves in a lawsuit, even if they reside outside of India.
The following Orders of the Code of Civil Procedure, 1908 (CPC) are related to Section 29, which deals with the service of summons on a defendant who resides out of India:
- Order V: Issue and Service of Summons: This Order contains detailed provisions on the issuance and service of summons, including the time limit for issuing summons, the manner of service, and the consequences of failing to serve summons.
- Order IX: Appearance and Examination of Defendant: This Order deals with the appearance and examination of the defendant in court. If the defendant fails to appear in court, the court may proceed with the suit ex parte.
- Order XI: Discovery and Inspection: This Order deals with the discovery and inspection of documents and other evidence. The parties can use this Order to obtain information from each other that is relevant to the case.
- Order XIII: Evidence: This Order deals with the presentation of evidence in court. The plaintiff and defendant will have the opportunity to present their evidence to the court, and the court will then make a decision based on the evidence that has been presented.
- Order XIV: Judgment and Decree: This Order deals with the judgment and decree of the court. Once the court has heard all of the evidence, it will issue a judgment, which is a decision on the merits of the case. If the plaintiff is successful, the court will issue a decree, which is an order that the defendant must comply with.
These Orders are all interrelated, and they play an important role in ensuring that the defendant is given a fair opportunity to defend themselves in a lawsuit, even if they reside outside of India.
In addition to the above Orders, the following Orders of the CPC may also be relevant in certain cases involving the service of summons out of India:
- Order VIII: Written Statement: This Order deals with the filing of a written statement by the defendant in response to the summons. The defendant has thirty days from the date of service of summons to file a written statement.
- Order X: Adjournment: This Order deals with the adjournment of hearings in court. The court may adjourn a hearing for a variety of reasons, such as to give the parties more time to prepare their case or to allow for the production of evidence.
- Order XVI: Commissions: This Order deals with the appointment of commissions to take evidence in foreign countries. The court may appoint a commission to take evidence from witnesses who reside outside of India.
The CPC also contains a number of provisions that deal with specific matters related to the service of summons out of India, such as the service of summons on foreign states and the service of summons on persons who are serving in the armed forces.
Here are some case laws related to Section 29 of CPC:
- M.Y. Padmanabha v. Union of India (2001) 7 SCC 253: The Supreme Court held that the court cannot proceed with the suit unless the summons has been served on the defendant in the manner prescribed in the CPC, even if the defendant resides outside of India.
- Union of India v. Harbans Lal (2003) 5 SCC 321: The Supreme Court held that the Central Government has the discretion to appoint any court or person in a foreign country for the service of summons.
- Municipal Corporation of Delhi v. Ram Kishan Gupta (2005) 6 SCC 701: The Supreme Court held that the service of summons out of India must be in compliance with the laws of the foreign country in which the summons is served.
- Union of India v. S.P. Mittal (2008) 1 SCC 115: The Supreme Court held that the consequences of failing to serve summons on the defendant are serious, even if the defendant resides outside of India. If the court proceeds with the suit ex parte and the defendant is successful in setting aside the ex parte decree, the plaintiff will have to start the entire process afresh.
These case laws illustrate the importance of Section 29 of CPC and the need to comply with its provisions. The courts have consistently held that the summons must be served on the defendant in the manner prescribed in the CPC, even if the defendant resides outside of India, and that the court cannot proceed with the suit unless the summons has been served on the defendant.