Service where defendant resides out of India and has no agent

Where the defendant resides out of ¹ [India] and has no agent in ¹ [India] empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him ² [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 :

³ [Provided that where any such defendant ⁴[ 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 ⁵ [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, maybe 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.]

1. Subs. by Act 2 of 1951, s. 3, for "the State".

2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002).

3. Ins. by Act 19 of 1951, s. 2.

4. Subs. by Act 104 of 1976, s. 53, for "resides in Pakistan," (w.e.f. 1-2-1977).

5. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977).