Civil Manual 135 — Section

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

Clause (b) of rule 26 of Order V can be applied by the State Government to foreign countries generally. Some foreign countries have already been notified under clause (b) of rule 26 of Order V by the Government of India before the amendment by Adaptation of Indian Laws Order, 1937. The list of those countries given below is still operative. The list is as follows:— Iraq.—All the Civil and Revenue Courts (6th June 1923, Home Department Notification No. F. 290-23-Judl.) Note.—When the correct designation of the Court concerned is unknown the summons should be addressed to the Iraq Ministry of Justice. Full English translations should be sent. Kenya.—The Civil Courts (4th June 1924, Home Department Notification No. F. 811-23-Judl.). Nepal.—The Courts mentioned in Home Department, Notification No. F. 576-24-Judl., dated the 15th August 1925. (See Appendix A at page 401 Vol. II). Iran.—The Civil Courts (3rd May 1928, Home Department Notification No. 840-25-Judl.). Note.—Though the Civil Courts in Iran have been notified under Order V, rule 26 (b), it appears from Home Department letters Nos. F. 364/32, dated the 30th June 1931, and F. 364/32, dated the 19th September 1932, that summonses should not be sent by post to such Courts direct but should be sent through the State Government to the Government of India who will transmit them to the Indian Embassy at Teheran. At least six months' time should normally be allowed for service of any legal documents through the diplomatic channel in Iran and for the return of the documents to the Court of issue. To obviate delay in service the Court of issue shall indicate clearly in English the last known address of the person upon whom service is to be effected. Full translations in Persian of the summonses and notices issued by Indian Courts should accompany or in the alternative an amount sufficient to cover the translation fee as laid down in G. R., H. D., No. 1631/3, dated 10th July 1935.

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