Service of summons where defendant resides in another State
Section 28 of the Code of Civil Procedure, 1908 deals with service of summons where defendant resides in another State. A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State. The Act came into force on 01 Jan 1909.
(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.
1[(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section.]
Section 28, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… But where two courts or more have under the Code of Civil Procedure jurisdiction to try a suit or proceeding an agreement between the parties that the dispute between them shall be tried in one of such Courts is not contrary to public policy. Such an agreement does not contravene Section 28 of the Contract Act. (emphasis supplied) - 13. A decade later, another coordinate Bench had the occasion to deal with - a similar exclusive jurisdiction clause in Globe Transport Corpn. v. Triveni Engg. Works [15]( page-6-2) . One sentence in paragraph 3 captures the essence of the law, reading …
Questions about Section 28
What does Section 28 of the Code of Civil Procedure deal with?
Section 28 of the Code of Civil Procedure is headed "Service of summons where defendant resides in another State". A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
How do I find court cases under Section 28 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 28, section 28 CPC, section 28 of the Code of Civil Procedure. People searching for it also type cpc 28(2). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 28 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 28 of the Code of Civil Procedure come into force?
Section 28 of the Code of Civil Procedure, cited as CPC 28, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
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- 92. Public charities610 words
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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.