Order 5, Rule 26 provides for summons to be served:
A. By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction
B. Through a court established or continued with power to serve a summon issued under the code
C. Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court
D. All of these
Answer: Option D
Solution (By Examveda Team)
Summons Under Order V, Rule 26 of the Code of Civil Procedure, 1908Definition of Summons:
A summons is a legal document issued by a court requiring a person to appear before it. Under Order V of the CPC, the procedure for issuing and serving summons is specified.
Explanation of Order V, Rule 26:
Order V, Rule 26 of the Code of Civil Procedure, 1908, deals with the service of summons in foreign territories. It provides that summons can be served in different ways, depending on the legal arrangements in place for that foreign region.
Correct Answer: Option D: All of these
Why Option D is Correct?
Order V, Rule 26 specifies three different ways of serving summons in foreign territories:
Option A: By sending it to the political agent appointed by the Central Government in exercise of its foreign jurisdiction – When the Central Government exercises foreign jurisdiction, it may appoint a political agent to handle legal matters, including the service of summons.
Option B: Through a court established or continued with power to serve a summon issued under the code – If there exists a court in the foreign territory that has been established or recognized by Indian law for this purpose, the summons can be served through that court.
Option C: Through a court declared by the notification issued by the Central Government, situated in such foreign territory to be one service by which would be deemed to be valid, where there is no such court – If there is no such recognized court, then the Central Government can declare a specific court in that foreign country, whose service of summons would be considered valid in India.
Since all three options correctly describe different modes of serving summons under Order V, Rule 26, the correct answer is Option D: All of these.
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