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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order V: Issue And Service Of Summons

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

Bare Act text

[26. Service in foreign territory through Political Agent or Court.—Where—

(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.

Amendment notes

  1. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a Political Agent or Court exercising foreign jurisdiction vested in the Central Government has power to serve summons in a foreign territory where the defendant actually and voluntarily resides, carries on business or works, the summons may be sent to that agent or Court. The same applies to a Court there that the Central Government has declared, by notification, as serving valid service. It may be sent by post, through the foreign affairs Ministry, or as the Central Government specifies. The 1976 amendment substituted this rule.

Order V: Issue And Service Of Summons

  1. 1 Summons
  2. 2 Copy of plaint annexed to summons
  3. 3 Court may order defendant or plaintiff to appear in person
  4. 4 No party to be ordered to appear in person unless resident within certain limits
  5. 5 Summons to be either to settle issues or for final disposal
  6. 6 Fixing day for appearance of defendant
  7. 7 Summons to order defendant to produce documents relied on by him
  8. 8 On issue of summons for final disposal, defendant to be directed to produce his witnesses
  9. 9 Delivery of summons by Court
  10. 9A Summons given to the plaintiff for service
  11. 10 Mode of service
  12. 11 Service on several defendants
  13. 12 Service to be on defendant in person when practicable, or on his agent
  14. 13 Service on agent by whom defendant carries on business
  15. 14 Service on agent in charge in suits for immovable property
  16. 15 Where service may be on an adult member of defendant’s family
  17. 16 Person served to sign acknowledgement
  18. 17 Procedure when defendant refuses to accept service, or cannot be found
  19. 18 Endorsement of time and manner of service
  20. 19 Examination of serving officer
  21. 19A Simultaneous issue of summons for service by post in addition to personal service (Omitted)
  22. 20 Substituted service
  23. 20A Service of summons by post (Repealed)
  24. 21 Service of summons where defendant resides within jurisdiction of another Court
  25. 22 Service within presidency-towns of summons issued by Courts outside
  26. 23 Duty of Court to which summons is sent
  27. 24 Service on defendant in prison
  28. 25 Service where defendant resides out of India and has no agent
  29. 26 Service in foreign territory through Political Agent or Court
  30. 26A Summonses to be sent to officers to foreign countries
  31. 27 Service on civil public officer or on servant of railway company or local authority
  32. 28 Service on soldiers, sailors or airmen
  33. 29 Duty of person to whom summons is delivered or sent for service
  34. 30 Substitution of letter for summons
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