1. Introduction
In an increasingly interconnected world, civil litigation often involves parties residing outside India or foreign courts requiring the presence of persons within Indian territory. The service of foreign summons under Section 29 of the Civil Procedure Code (CPC) enables Indian courts to recognize and facilitate such communication across jurisdictions. It ensures international cooperation in civil proceedings while safeguarding sovereignty and procedural fairness.
2. Statutory Basis – Section 29 CPC
Section 29 CPC provides that summonses issued by foreign courts may be served in India in the same manner as summons issued by Indian courts, provided they are transmitted through proper diplomatic or judicial channels.
The section reads in essence: “Summonses and other processes issued by courts situate beyond the limits of India may, by leave of the Central Government, be served within India in such manner as may be prescribed.”
3. Purpose and Scope
The purpose of Section 29 is to create a legal framework for cross-border judicial cooperation. It allows recognized foreign courts to serve summons or judicial processes on persons within India without violating national sovereignty or jurisdictional boundaries.
- Promotes international judicial assistance.
- Ensures proper notice to Indian residents involved in foreign litigation.
- Facilitates enforcement of judgments and reciprocal arrangements between nations.
4. Procedure for Service of Foreign Summons
The process of serving a foreign summons within India involves several steps designed to maintain procedural regularity and governmental oversight:
- Transmission through diplomatic channels: The foreign court transmits the summons to the Government of India through the Ministry of External Affairs.
- Forwarding to Indian courts: The Central Government may, by notification, direct that the summons be transmitted to the relevant High Court or District Court for service.
- Mode of service: The summons is served in the same manner as an Indian court’s summons under Order V CPC, ensuring acknowledgment and proof of service.
- Return of proof: Once served, a report of service or non-service is sent back through the same official channel to the originating foreign court.
5. Reciprocal Arrangements and Foreign Jurisdictions
India’s recognition of foreign summonses is largely based on reciprocal arrangements and treaties. Under Section 44A of the CPC, certain countries are notified as reciprocating territories, allowing mutual recognition of judicial processes, including service of summons and enforcement of decrees.
Examples include the United Kingdom, Singapore, Bangladesh, Malaysia, and several Commonwealth countries. These arrangements streamline cross-border service and reduce procedural friction.
6. Legal Effect of Service of Foreign Summons
Service of a foreign summons in India does not automatically confer jurisdiction on the foreign court. It merely provides notice to the Indian resident that proceedings have been initiated abroad. Recognition or enforcement of a foreign decree in India remains subject to the conditions prescribed under Sections 13 and 44A CPC.
Thus, service ensures procedural fairness but does not override principles of territorial jurisdiction or due process under Indian law.
7. Limitations and Safeguards
The service of foreign summons under Section 29 is subject to the following limitations:
- It must be authorized by the Central Government or designated authority.
- Only recognized foreign courts or reciprocating territories may utilize this process.
- Service cannot violate Indian public policy or sovereignty.
- Courts may refuse service if the summons concerns matters contrary to Indian law or judicial competence.
These safeguards ensure that international cooperation operates within constitutional and procedural boundaries.
8. Judicial Interpretation
- In Kendle v. M. G. & Co. (AIR 1983 Cal 88), it was held that Section 29 applies only to summons issued by courts of recognized foreign jurisdictions transmitted through official channels.
- Indian courts have reiterated that direct service of summons by a foreign party without compliance with Section 29 is invalid and unenforceable.
- Courts emphasize adherence to diplomatic procedure to protect national judicial sovereignty and procedural propriety.
9. Importance of Section 29 in Modern Civil Procedure
Section 29 CPC represents India’s commitment to international judicial cooperation and comity of courts. It enables efficient handling of transnational litigation while upholding procedural safeguards for Indian residents. As globalization increases cross-border disputes, this provision ensures that civil justice remains coordinated, respectful, and legally sound.
10. Conclusion
The service of foreign summons under Section 29 CPC strikes a balance between international judicial assistance and domestic sovereignty. It allows Indian courts to aid foreign jurisdictions through regulated channels while ensuring that recipients within India are served in accordance with Indian procedural law. Proper compliance with Section 29 not only enhances legal cooperation but also reinforces fairness, transparency, and the rule of law in cross-border civil litigation.