CPC, 1908 · Part I · Summons & Discovery
Service of foreign summonses
Summonses from certain outside courts can be served in India — as if a local court issued them.
The bare Act
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.
How to read Section 29
The mirror of §28. §28 sends a CPC court’s summons out; §29 brings summonses in — from certain non-CPC or foreign courts — to be served by Indian courts.
Clauses (a)(b)(c) list which outside courts qualify — including foreign courts the Central Government notifies in the Gazette.
Once sent in, the process is served as if a local court issued it — an act of judicial comity.
Three sources → served in India
Which outside courts qualify, and what happens
The maxim behind it
Comitas gentium
“Comity (courtesy) of nations.”
Why it fits §29: Indian courts agree to serve the processes of certain foreign courts — an act of judicial comity between legal systems.
Connected rules & sections
The outward counterpart — §29 is the inward one.
The basic summons machinery these provisions extend.
Execution of decrees from reciprocating territories — the same comity idea.
The modes by which the Indian court effects the service.
When a foreign court’s judgment is conclusive / presumed valid.
Courts assisting one another’s process — the principle §29 rests on.