Section 28. Service of summons where defendant resides
in another Province.
(1) A Summons may be sent for service in another Province to such Court and in such manner as may be prescribed by rules in force in that Province.
(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. issued by any Civil 1 S. 25 was amended by Adaptation Order, 1937. 2 Subs. and Omitted by Act No. XIX of 2023, s.3. 3 Provisions of s.29 have been applied to
(i)the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital of the Federation are concerned, see Gaz. of P., 1949, Pt.I, P.258 and ibid., Pt.II A, P. 68 (ii)all Civil and Revenue Courts of India; and service by any Civil or Revenue Court of India of any summons issued under the Code of Civil Procedure, 1908, by a Court of the Province of Sind shall be deemed to be valid, see Sind Government Gazette, Extraordinary, dated 3rd July, 1952. Pt. I, P. 437. (iii)all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, Baluchistan or Karachi shall be deemed to be valid service, see N.W.F.P Government Gazette, 1952, Pt. I, P. 248 and Gaz., of P. 1952, Pt. I, P. 119 and ibid., Pt. VI, p. 126. (iv)all Civil and Revenue Courts in India; and that service by such Courts of any summons issued under the said Code by a Court in Khairpur State shall be deemed to be valid service, see Khairpur State Gazette, Ext., 1952, dated the 18th September, 1952. (v)all Civil and Revenue Courts in India; and service by such Courts of any summons issued under the said Code by a Court in the Bahawalpur State shall be deemed to be valid service, see Bahawalpur Govt. Gazette, dated the 2nd October, 1952. (vi)all Civil and Revenue Courts of India; and service by any civil or Revenue Court in India, within whose jurisdiction the person to be served resides of any summons issued by a Court under the said Code shall be deemend to be valid service, see Punjab Gazette, Ext., 1951, dated the 1st September, 1951, p. 1743. (vii)all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and service by such Courts of any summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service see Gaz. of P., Ext., 1954, p. 1873. (viii)all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and service by such Courts of any summons issued under the said Code by a Court in Karachi shall be deemed to be valid service, see Gaz. of p., Extra., 1954, p. 1997. (ix)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of Summonss issued under the said Code by A Court in East Bengal shall be deemed to be valid service, see Dacca Gazette, Ext., dated 18th October, 1954, Pt. I, p. 3053. (x)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, shall be deemed to be valid service, see N.W.F.P, Gazette, 1954, Pt. I, p. 523. (xi)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Punjab, shall be deemed to be valid service, see Gaz. of Punjab, 1954, Pt. I, p. 843. (xii)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Sind, shall be deemed to be valid service, w.e.f. 18th October, 1954, see Gaz. of Sind, 1954, pt I, p. 940. (xiii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service, see Gaz. of P. 1955, Pt. I, p. 126. (xiv)the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and served as if they had been issued by such Courts, see Gaz of 1955, P.I, p. 143. (xv)service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be valid service, see Gaz. of P., 1955, Pt. I, p. 143. (xvi)all Civil and Revenue Courts in the Federal Republic of Germany an services by such Courts of any summons issued under the said Code by a Court in Karachi, shall be deemed to be valid service, with effect on and from the 1st June, 1955, see Gaz. Of P., 1955, Pt. VI, p. 102. (xvii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of any summons issued under the said Code by a Court in the Province of East Bengal shall be deemed to be valid service see Dacca Gazette, 1955, Pt. I, p. 1051. (xviii)all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.Pr.C.) by a Court in the Province of W. Pakistan shall be deemed to be valid service, see W.P. Gaz., 1959, Ext. p. 843. 2 Ins. by the Code of Civil Procedure (Amdt.) Act, 1940 (34 of 1940). or Revenue Court situate ] may be sent to the Courts ] and served as if they issued by such Courts: 4 [
Provided that the Courts issuing such summonses have been established or continued by the authority of the or that the Provincial Government 8 [of the Province in which such summonses or processes are] to be served has by notification in the official Gazette declared the provisions of this section to apply to .]
(1) A Summons may be sent for service in another Province to such Court and in such manner as may be prescribed by rules in force in that Province.
(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. issued by any Civil 1 S. 25 was amended by Adaptation Order, 1937. 2 Subs. and Omitted by Act No. XIX of 2023, s.3. 3 Provisions of s.29 have been applied to
(i)the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital of the Federation are concerned, see Gaz. of P., 1949, Pt.I, P.258 and ibid., Pt.II A, P. 68 (ii)all Civil and Revenue Courts of India; and service by any Civil or Revenue Court of India of any summons issued under the Code of Civil Procedure, 1908, by a Court of the Province of Sind shall be deemed to be valid, see Sind Government Gazette, Extraordinary, dated 3rd July, 1952. Pt. I, P. 437. (iii)all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, Baluchistan or Karachi shall be deemed to be valid service, see N.W.F.P Government Gazette, 1952, Pt. I, P. 248 and Gaz., of P. 1952, Pt. I, P. 119 and ibid., Pt. VI, p. 126. (iv)all Civil and Revenue Courts in India; and that service by such Courts of any summons issued under the said Code by a Court in Khairpur State shall be deemed to be valid service, see Khairpur State Gazette, Ext., 1952, dated the 18th September, 1952. (v)all Civil and Revenue Courts in India; and service by such Courts of any summons issued under the said Code by a Court in the Bahawalpur State shall be deemed to be valid service, see Bahawalpur Govt. Gazette, dated the 2nd October, 1952. (vi)all Civil and Revenue Courts of India; and service by any civil or Revenue Court in India, within whose jurisdiction the person to be served resides of any summons issued by a Court under the said Code shall be deemend to be valid service, see Punjab Gazette, Ext., 1951, dated the 1st September, 1951, p. 1743. (vii)all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and service by such Courts of any summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service see Gaz. of P., Ext., 1954, p. 1873. (viii)all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and service by such Courts of any summons issued under the said Code by a Court in Karachi shall be deemed to be valid service, see Gaz. of p., Extra., 1954, p. 1997. (ix)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of Summonss issued under the said Code by A Court in East Bengal shall be deemed to be valid service, see Dacca Gazette, Ext., dated 18th October, 1954, Pt. I, p. 3053. (x)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, shall be deemed to be valid service, see N.W.F.P, Gazette, 1954, Pt. I, p. 523. (xi)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Punjab, shall be deemed to be valid service, see Gaz. of Punjab, 1954, Pt. I, p. 843. (xii)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Sind, shall be deemed to be valid service, w.e.f. 18th October, 1954, see Gaz. of Sind, 1954, pt I, p. 940. (xiii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of summons issued under the said Code by a Court in Baluchistan shall be deemed to be valid service, see Gaz. of P. 1955, Pt. I, p. 126. (xiv)the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and served as if they had been issued by such Courts, see Gaz of 1955, P.I, p. 143. (xv)service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be valid service, see Gaz. of P., 1955, Pt. I, p. 143. (xvi)all Civil and Revenue Courts in the Federal Republic of Germany an services by such Courts of any summons issued under the said Code by a Court in Karachi, shall be deemed to be valid service, with effect on and from the 1st June, 1955, see Gaz. Of P., 1955, Pt. VI, p. 102. (xvii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of any summons issued under the said Code by a Court in the Province of East Bengal shall be deemed to be valid service see Dacca Gazette, 1955, Pt. I, p. 1051. (xviii)all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.Pr.C.) by a Court in the Province of W. Pakistan shall be deemed to be valid service, see W.P. Gaz., 1959, Ext. p. 843. 2 Ins. by the Code of Civil Procedure (Amdt.) Act, 1940 (34 of 1940). or Revenue Court situate ] may be sent to the Courts ] and served as if they issued by such Courts: 4 [
Provided that the Courts issuing such summonses have been established or continued by the authority of the or that the Provincial Government 8 [of the Province in which such summonses or processes are] to be served has by notification in the official Gazette declared the provisions of this section to apply to .]