CPC, 1908 · Part I · Summons & Discovery
Service of summons where defendant resides in another State
When the defendant is in another State, one court’s summons is served through a court there.
The bare Act
(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 record mentioned in sub-section (2) is different from the language of the Court of issue, a translation of the record—
(a) in Hindi, where the Court of issue is situated in a State where Hindi is the official language; and
(b) in English, in any other case,
shall be required to accompany the record.
How to read Section 28
A court cannot serve its own process inside another State. So §28 lets it route the summons through a court in that State, which serves it locally and reports back.
The receiving court treats the summons as if its own, serves it, then returns it with a record of what it did.
If the record is in a different language, a translation (Hindi or English) must go with it.
Phrase by phrase — every sub-section, pictured
Tap a sub-section: each opens its own diagram + dissection.
The issuing court routes it to a court in the other State
The receiving court treats it as its own, then returns it
A language bridge for the returned record
How the three sub-sections connect
📧 One cross-border service chain
§28 is a sequence: dispatch → execute & return → make it readable.
Dispatch the summons
The summons is sent to the other State’s Court, in the manner that State’s rules prescribe.
That Court executes it
It proceeds as if it had issued the summons, then returns the summons + the record of its proceedings to the issuing Court.
Make the record readable
If languages differ, a translation of that record (Hindi if the issuing Court’s language is Hindi, else English) is sent with it.
Connected rules & sections
§28 is how a §27 summons reaches a defendant in another State.
The modes of service the receiving court applies.
The next step out — summonses from courts outside India.
Why a defendant may be sued in one State yet reside in another.
Sub-section (3) (Hindi / English) was added by the 1976 Amendment.
One court lending its process to another — the principle §28 rests on.