Bare ActsCode of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only)

Section 25-FIRST-SCHEDULE

Service where defendant resides out of India and has no agent

Amendment status not verified — confirm the current text below against the official source.

Where the defendant resides out of 28A[India] and has no agent in 28A[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: 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 a 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.] Substituted by the Act 2 of 1951, S.3, for "the States". Substituted by Act 46 of 1999, S.15, for the words "by post" (w.e.f. 01/07/2002). Inserted by Act 19 of 1951, S.2. Substituted by Act 104 of 1976, S.53, for "resides in Pakistan" (w.e.f. 01/02/1977). Substituted by Act 104 of 1976, S.55 (w.e.f. 01/02/1977).

Section 25-FIRST-SCHEDULE – Code of Civil Procedure, 1908 (CPC - As amended by Commercial Courts Act, 2015 - Applicable for Commercial Courts only) | DailyLaw.ai