Order V Rule 26

Service in foreign territory through Political Agent or Court

Issue and service of summons, in the First Schedule to The Code of Civil Procedure, 1908

1[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 herein before directed, such endorsement shall be deemed to be evidence of service.]

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

How this Rule is cited

It is written both ways, and both mean this Rule: Order V Rule 26 CPC and Order 5 Rule 26 CPC. Pleadings usually take the arabic form, judgments usually the numeral.

Orders of the courts under it: Order 5 Rule 26 CPC, Order V Rule 26 CPC. Each opens the full-text search over every order eCourtsIndia holds.

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.