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- 20A Service of summons by post (Repealed)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