25. Service on defendant resides out of India and has no agent.- Where the defendant reside out of India and has not agent in India empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him or by post or by such courier service as may be approved by the High Court, by fax message or by electronic mail service or by any other means as may be provided by the rules made by the High Court, if there is postal communication between such place and the place where the court is situate:
Provided that where any such defendant resides in Bangladesh or Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant, to any court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf. HIGH COURT AMENDMENTS ALLAHABAD.- Omit the present entry under Allahabad and substitute the following for Rule 25: “25. Where the defendant resides out of India and has no agent in India empowered to accept service, the summons, unless the Court otherwise directs, be addressed to the defendant at the place where he is residing and Sent to him by registered post, if there is postal communication between such place arid the place where the Court is sitting. Unless the cover is returned undelivered by the post office on account of want of proper address or other similar reason, the summons may be deemed to have been delivered to the addressee at the time when it should have reached him in ordinary course.” (29-3 -1958). ANDHRA PRADESH.- Same as that of Madras, except (i) omit the word ‘British’ wherever it occurs; and (ii) delete existing first proviso. (29-8-1957). BOMBAY, DADRA AND NAGAR HAVELL- Substitute for Rule 25— “25. Where the defendant resides out of India, and has no agent in India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situated:
Provided that where any such defendant resides in Pakistan, the summons, belonging together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where such defendant is a public officer in Pakistan (not belonging to the Pakistan military, naval or air force) or is servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify’ in this behalf.” (1-11-1966). KARNATAKA.—Substitute the following for Rule 25: “25. (1) Where the defendant resides outside the State of Mysore but within the territories of India, the Court may direct the proper office within the meaning of Rule 9 to cause the summons to be addressed to the defendant at the place where he ordinarily resides or carries on business, or works for gain and sent to him by registered post prepaid for acknowledgement. When it is so sent by registered post, the provisions of the proviso to Rule 10 shall apply thereto. (2) Where the defendant resides out of India and has no agent in India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate: Provided that, if by any arrangement between the Central Government and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in the same manner as by the said arrangement may have been agreed upon: Provided further that, where any such defendant resides in Pakistan, the summons together with a copy thereof, may be sent for service on the defendant to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that, where any such defendant is a public officer in Pakistan (not belonging to Pakistan military, naval or air force) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazettee, specify in that behalf,” (30-3-1967). KERALA, LAKSHDWEEP, MINICOY AND AMINDIVI ISLANDS.- (i) Before the existing provisos, add the following proviso, namely: “Provided that, if by any arrangement between the Government of the State in which the Court issuing summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon.” (ii) In the last proviso, for the word “company”, substitute the word “Administration”. (9-6-1959); Regulation 8 of 1965 (w.e.f. 1-10-1967). MADHYA PRADESH.- Substitute “May” for “shall”. (16-9-1960). MADRAS AND PONDICHERRY.- (i) Substitute the following for Rule 25: “25. Service where defendant resides out of British India and has no agent. Where the defendant resides out of British India and has no agent in British India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the court is situate: Provided that if, by any arrangement between the Government of the Province in which the Court issuing the summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon.” (As amended on 2-3-1942). (ii) Omit first proviso to Rule 25. (23-12-1964). Rule 25-A ALLAHABAD- Add the following as Rule 25-A after the existing Rule 25, namely:—
“25-A. Where the defendant resides out of India but has an agent empowered to accept service of summons on his behalf residing in India but outside the jurisdiction of the court the summons, unless directed otherwise by the Court, may be addressed to such agent and sent to him by registered post if there is a post communication between such place and the place where the court is sitting. Unless the cover is returned undelivered for want of proper address or any other sufficient reasons the summon may be deemed to have been delivered to the addressee at the time when it should have reached him in ordinary course.”(14-4-1962). MADHYA PRADESH.—Add the following as Rule 25-A: “25-A. Service where defendant resides in India but outside Madhya Pradesh.—Where the defendant resides in India but outside the limits of Madhya Pradesh, the Court may, in addition to any other mode of service, send the summons by registered post to the defendant at the place where he is residing or carrying on business. An acknowledgement purporting to be signed by him or an endorsement by a postal servant that the defendant refused service may be deemed by the Court issuing the summons to be prima facie proof of service.” (16-9-1960). | 