Code: Section 29 CPC
Section 29 – Service of foreign summonses
Summonses and other processes issued by—
(a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or
(b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by notification in the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.
Explanation of Section 29 CPC
Section 29 of the Code of Civil Procedure, 1908 establishes a mechanism for the service of foreign summonses and legal processes. It allows certain courts situated outside the territorial application of the CPC to send summonses for service within territories where the CPC applies.
The provision ensures cooperation between courts located in different jurisdictions. It helps maintain procedural continuity when legal proceedings involve parties located across territorial or international boundaries.
This section covers three categories of courts:
- Courts situated in regions of India where the CPC does not apply.
- Courts functioning outside India under the authority of the Central Government.
- Foreign Civil or Revenue Courts specifically notified by the Central Government.
Once such summonses reach courts operating under the CPC, they are treated in the same manner as locally issued summonses.
You may also read about inter-state service of summons under Section 28 CPC.
Key Features of Section 29 CPC
Recognition of Foreign Summonses
The provision recognizes summonses and legal processes issued by specified foreign or external courts.
Cross-Jurisdiction Cooperation
It creates procedural coordination between Indian courts and certain courts outside the CPC’s territorial operation.
Equal Treatment of Summonses
Summonses received under this section are served in the same way as summonses originally issued by courts under the CPC.
Central Government Notification Requirement
Foreign courts outside India become eligible only when the Central Government officially notifies them through the Official Gazette.
Illustration
Example 1: Summons from a Court Outside India
A civil court functioning under the authority of the Central Government in another country issues a summons to a person residing in India. The summons is transmitted to an Indian court and served according to CPC procedures.
Example 2: Foreign Revenue Court Proceedings
A Revenue Court located outside India, recognized through an official government notification, sends legal process documents to an Indian court. The receiving court treats those documents as if they originated from its own jurisdiction.
Common Questions and Answers on Section 29 CPC
1. What is the purpose of Section 29 CPC?
Answer:
Section 29 CPC provides a procedure for serving summonses issued by specified courts located outside the territorial operation of the CPC.
2. Does every foreign court fall under Section 29 CPC?
Answer:
No. Only courts specifically covered by the section or notified by the Central Government are included.
3. How are foreign summonses treated in India?
Answer:
They are served in the same manner as summonses issued by courts operating under the CPC.
4. Can a Revenue Court issue summons under this provision?
Answer:
Yes. The section applies to both Civil Courts and Revenue Courts.
5. Is government approval necessary for certain foreign courts?
Answer:
Yes. Some foreign courts require notification by the Central Government through the Official Gazette.
Conclusion
Section 29 CPC simplifies legal procedures involving courts across different jurisdictions. It enables the effective service of foreign summonses and promotes judicial cooperation beyond territorial boundaries. This provision ensures that legal proceedings involving parties across regions or countries can continue without unnecessary procedural barriers.
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