CHANAKYA NATIONAL LAW UNIVERSITY

Rough draft for the partial fulfillment of LABOUR LAW -II course
On
FOREIGN SUMMON

Submitted To:-
Dr. B.R.N Sharma
Assistant Professor of Law

Submitted by:-
Prasun kumar
Roll no. - 1351
3 rd year B.A., LL.B.(Hons)

Date of submission: - 7th September 2017.

(A).INTRODUCTION
Order V, Rule 25, of the Code of Civil Procedure provides, generally, that if the defendant resides out of India,
and has no agent in India empowered to accept the service, the summons shall be addressed to the defendant at
the place where he is residing, and forwarded to him by post, if there be postal communication between such
place and the place where the Court is situate. In practice, all summonses so sent should, where possible, be
sent by registered post, and should be registered acknowledgement due. The letter containing the summons
which should always be sent in an envelope should be properly and fully addressed and prepaid. A copy of the
address on the letter should also kept on the judicial record and care should be taken that the certificate given
by the Postal authorities also contains the full address on the letter.
If it is not possible to effect service under Order V, rule 25, advantage may be taken of the provisions of Order
V, rule 26. As regards clause (a) of this rule, no Political Agent has, so far, been appointed or a Court
established with power to serve in any foreign country in which the defendant resides, a summons issued by a
Court in India under the provisions of the Code. It is for the State Government to take the necessary action
under clause (b) of this rule.
Where service by post has been tried and has failed and the mode of service, if any, provided by Order V, rule
26 have been availed of, action may be taken under Order V, rule 20 of the Code of Civil Procedure.

(1) AIMS AND OBJECTIVE OF THE PROJECT

(i) The researchers aim for making this project is to study the process of summons under Code of
Civil Procedure, 1908.
(ii) To find out the procedure of foreign summons.
(iii) To study the cases related to foreign summons.

(2) HYPOTHESIS

The researcher has assumed that,

(i) The process of foreign summon is a time taking process.
(ii) The procedure for service of summons is different for different countries.

(3) RESEARCH QUESTION

(i) What is the procedure for service of foreign summons in different countries?
(ii) What are the problems faced by the court in service of foreign summons?

(3) LIMITATION OF THE PROJECT

Owing to the large number of topics that could be included in the project,the scope of this research
paper is exceedingly vast. However in the interest of brevity and due to certain restrictions like that of
area limited to Bihar and limitation of time etc,the researcher will not be able to deal with the topic in
great detail.
(B).REVIEW OF EXISTING LITERATURE

For the purpose of research the researcher will visit CNLU library and review various sources available
both of primary and secondary nature. Detailed review of literature will be provided by the researcher in
the final draft.

(C).RESEARCH METHODOLOGY

(i) SOURCES OF DATA

Primary Sources Field work, case laws

Secondary Sources Books on CPC, websites, journals, articles, magazines etc.

(D).TENTATIVE CHAPTERISATION

(i) Introduction - This chapter will have the introduction of the provisions related to foreign
summons and various aspects, terms and terminologies associated with it.

(ii) Historical Background In this chapter the historical ways of service of foreign summons
will be examined.

(iii) Present condition and the procedure of service of foreign summons for different
countries In this chapter the present situation will be examined and the procedure of
service of foreign summons for different countries.

(iv) Case law Study In this chapter the case law will be dealt with.

(v) Conclusion and suggestion This chapter will mainly deal with solution related to
complex process of foreign summons and at last conclusion of whole project will be given.

BIBLIOGRAPHY

BOOKS:-

(i) Takwani C.K. Civil Procedure, EBC, 2017.