Civil Manual 142 — Section

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

Statutory text

(i) The provisions of the Code as to service within India of the processes of Courts situate beyond the limits of India (sections 29 and 31) apply not only to "summonses to appear and answer" (which should be construed to include all Civil citations) but also to summonses to give evidence or to produce documents or other material objects.

(ii) Clause (a) of section 29 relates to service of summons and other processes issued by any Civil or Revenue Court established in any part of India to which the provisions of the Code do not extend, namely the territories specified in clauses (a) to (d) of sub-section (3) of section 1 of the Code.

(iii) The right to send summons direct to an Indian Court for service only if the issuing Court outside India is a Civil or Revenue Court which is either (a) established or continued by the authority of the Central Government; or (b) notified for this purpose in the Gazette.

(iv) As regards Clause (a) of (iii) above which refers to Clause (b) of section 29 Civil and Revenue Courts in the State of Pondicherry are the only Courts outside India which are continued by the authority of the Central Government. vide Clause 4. French Establishments (Administration) order 1954, issued under the Foreign Jurisdiction Act, 1947.

(v) As regards Clause (b) of (iii) above, which refers to Clause (c) of section 29, the provisions of section 29 have been applied to the Courts in the following countries:—

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