Code: Section 28 CPC
Section 28 – Service of summons where defendant resides in another State
(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.
(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.
Explanation of Section 28 CPC
Section 28 of the Code of Civil Procedure, 1908 explains the procedure for serving a summons on a defendant who resides in a different State from where the suit has been filed.
Civil disputes often involve parties living in different regions of the country. To avoid difficulties caused by distance, this section creates a system that allows courts to work together for effective service of summons.
The court where the suit is instituted can send the summons to an appropriate court in the defendant’s State. The receiving court then performs the service process as though it originally issued the summons.
The section also addresses language issues. If there is a difference between the language of the summons and court records, translated copies must accompany the documents so that communication remains clear and understandable.
You may also read about the issuance of summons under Section 27 CPC.
Key Features of Section 28 CPC
Service Beyond State Boundaries
A summons may be transmitted to a court located in another State if the defendant resides there.
Authority of the Receiving Court
The court receiving the summons has the authority to process and serve it as if it had issued the summons itself.
Return of Records
After completing the service process, the receiving court returns the summons and relevant proceedings to the original court.
Language Translation Requirement
Where language differences exist, translated records are required to ensure proper understanding.
Illustration
Example 1: Commercial Recovery Case
A business owner files a recovery suit in Karnataka against a customer residing in Rajasthan. Since the defendant lives in another State, the Karnataka court forwards the summons to the appropriate Rajasthan court for service.
After completing the process, the Rajasthan court sends the records back.
Example 2: Language Difference Between Courts
A court in Madhya Pradesh issues a summons in Hindi to a defendant living in Kerala, where local proceedings may use another language. In such a situation, translated records are attached to avoid confusion.
Common Questions and Answers on Section 28 CPC
1. Why does Section 28 CPC exist?
Answer:
Section 28 CPC provides a mechanism for serving summons when a defendant lives in another State.
2. Can a court issue summons directly to a defendant residing outside its State?
Answer:
The court generally sends the summons through a competent court in the defendant’s State according to procedural rules.
3. What role does the receiving court play?
Answer:
The receiving court acts as though it issued the summons itself and completes the service process.
4. Why are translations necessary?
Answer:
Translations help remove language barriers and ensure proper understanding of court documents.
5. Does Section 28 apply in criminal cases?
Answer:
No. Section 28 forms part of the Code of Civil Procedure and applies to civil matters only.
Conclusion
Section 28 CPC ensures that legal proceedings are not interrupted merely because a defendant resides in another State. It creates a coordinated framework between courts, improves procedural efficiency, and ensures that every defendant receives proper notice irrespective of location.
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