28. Service on soldiers, sailors or airmen.- Where the defendant is a soldier, sailor or airman, the court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant. HIGH COURT AMENDMENTS ALLAHABAD.- ‘The present Rule 28 shall be numbered 28 (1). Add the following as Rule 28(2), (3), (4) and (5): “(2) Where the address of such Commanding Officer is not known, the Court may apply to the officer commanding the station in which the defendant was serving when the cause of action arose to supply such address, in the manner prescribed in sub-rule (4) of this rule. (3) Where the defendant is an officer of the Indian military forces, whenever it is practicable. service shall be made on the defendant in person. (4) Where such defendant resides outside the jurisdiction of the court in which the suit is instituted, or outside the States, the Court may apply over the seal and signature of the Court to the officer commanding the station in which the defendant was residing when the cause of action arose, for the address of such defendant, and the officer commanding to whom such application is made shall supply the address of the defendant or all such information that is in his power to give, as may lead to the discovery of his address. (5) Where personal service is not practicable, the Court shall issue the summons to the defendant as the address so supplied by registered post.”
ANDHRA PRADESH.- Same as that of Madras.
BOMBAY.- In Order V, for the existing Rule 28 and its marginal note, substitute the following as Rule 28 and marginal note:- “28. Service on soldiers, sailors or airman —Where the defendant is a solider. sailor or airman the Court shall send by registered post pre-paid for acknowledgement the summons for service to his Commanding Officer together with a copy to be retained by the defendant.” (1-10-1983). KARNATAKA.-For Rule 28, substitute the following: “28, Where the defendant is a solider, sailor or airman the court shall send by registered post pre-paid for acknowledgement the summons for service on the defendant to his commanding Officer together with a copy to be retained by the defendant.” (30-3-1967). KERALA.- As by Madras. (9-6-1959). MADRAS AND PONDICHERRY.- After the words “shall send” insert the words by registered post pre-paid for acknowledgement”. (Dis. No. 209 of 1912); Act 26 of 1968, Section 3 and Schedule, Part II.
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