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Order 5, r 26 provides for summons to be served:
By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
Through a court established or continued with power to serve a summon issued under the code
Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court
All of these
Let’s break this down:
- Order 5, Rule 26 of the CPC deals with serving summons outside India, specifically in foreign territories.
- Here’s the deal with each option:
- Option 1: If there’s a political agent (appointed by the Central Government) in that territory, the summons can be sent through them. This is straight from the rule.
- Option 2: If there’s a court established or recognized by the central government in that foreign territory, which can serve summons, that’s another valid route.
- Option 3: And if there’s a court in that territory notified by the central government for serving summons, and there's no previously mentioned court, that's also fine.
- Option 4: All of the above approaches are valid under different circumstances.
So, all three methods are spelled out in the rule, depending on what’s available in the foreign territory.
By: santosh ProfileResourcesReport error
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