# documents be directly submitted to the Ministry of Law and Justice in the Civil and

- **Citation:** C.L. No. 56/2006
- **Court:** Allahabad High Court
- **Decided:** 2006-03-23
- **Case number:** C.L. No. 56/2006
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/documents-be-directly-submitted-to-the-ministry-of-law-and-justice-in-the-civil-163128
- **Pages:** 2

## Text

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documents be directly submitted to the Ministry of Law and Justice in the Civil and
Commercial Matters.

I am therefore to send herewith a copy of above letter of the Government of India,
Ministry of External Affairs for your information and necessary action with the request to
kindly bring to contents of the circular letter to the notice of all the Judicial Officers in
your judgeship for their guidance and necessary and strict compliance.
T 4410/24/2006, Dated New Delhi, the 23rd March, 2006

The Ministry of External Affairs has been receiving summons, notices and other
judicial processes etc. in criminal and civil or commercial matters from the various courts
in India for servicing the same on the persons residing outside the geographical limits of
the Republic of India.
2.
It is reiterated here that service of judicial processes outside India, including
summons/show cause notices etc. is regulated by reciprocal arrangement with foreign
countries, finalized and notified by the Ministry of Home Affairs, as per statutory
provisions in the Criminal Procedure Code (Section 105). In the absence of such notified
arrangements, the question of service of judicial processes outside India is required to be
examined and decided by the Ministry of Home affairs, in view of the relevant Indian
Municipal Laws.
3.
As per Allocation of Business Rules of the Government of India, the Ministry of
Home Affairs is the nodal Ministry and Central authority for seeking and providing the
mutual legal assistance in criminal law matters. The Ministry of Home Affairs receives
all kind of such requests, examines and takes appropriate action.
4.
Similarly, the case pertaining to civil and commercial matters are required to be
taken up with the Ministry of Law & Justice, as that ministry performs all the above
mentioned functions, with regard to civil laws matters as per Allocation of Business
Rules of the Government of India. The Ministry of Law & Justice finalizes and notifies
treaties and arrangements with others countries as per the relevant statutory provisions in
the Code of Civil Procedure.
5.
It is therefore requested that all requests for seeking assistance from a foreign
country including the service of all kinds of judicial processes or other documents be
directly submitted to the Ministry of Home. Affairs in criminal law matters and to the
Ministry of Law and Justice in the civil and commercial matters.
6.
It is requested that the information contained in the above paras may also kindly
be suitably brought to the notice of the judicial authorities under your jurisdiction.
(g)
To ensure strict compliance of the provisions as contained under Order 5
Rule 2 of the CPC read with para 102 and 103 of the General Rules (Civil), 1957
C.L. No. 56/2006, Dated December, 21, 2006
In Civil Misc. Writ Petition No. 59282 of 2006 - Shri Thakurdin Kesharwani
Trust, Allahabad and others v. Prakash Chandra Sharma & others, the Hon'ble Court has
observed with concern that in Subordinate Courts the summons being issued to the
defendants are not accompanying with a copy of plaint or copy of the injunction
application or other documents violating the provisions of Order 5 Rule 2 of the Code of
146
Civil Procedure as also sections 102 and 103 of Chapter IV of General Rules (Civil),
1957.

Therefore, while enclosing herewith a copy of order dated 3.11.2006 passed in
C.M. Writ Petition No. 59282 of 2006 aforesaid, I am directed to request you to kindly
ensure strict compliance of the provisions contained under Order 5 Rule 2 of the Code of
Civil Procedure and Sections 102 and 103 of General Rules (Civil) 1957, failing which
the responsibility should be fixed on the erring officer.

I am, also to add that the order referred to herein above as well as the contents of
the circular letter be communicated to the Judicial Officers posted in your Judgeship for
their guidance and strict compliance.
C. L. No.30/2007: Admin 'G' Dated :.29 August, 2007
On the above subject, I am directed to say that in the Chief Justices Conference2007 upon consideration of matter of service of summons it has been resolved that the
courts should resort to the amended provisions of Code of Civil Procedure providing
service of summons through courier, fax, e-mail, etc.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under your supervisory control for strict
compliance of the directions of the Hon'ble Court.
(x)
Publication of notices
Guidelines for issuing summons/Judicial processes in the matters of diplomats of
foreign embassies situated in India.
C.L. No. 17/2009 Admin. (G-II): Dated: 28.04.2009

In continuation of Hon'ble Court's earlier Circular Letter No. 33/VIII-B-31-50,
dated 16th May 1950 read with G.O. No. 1967 (1)/VII 372-50 dated 6th May, 1950, I am
directed to say that upon consideration of Letter No. F.No. 12(30)/2008-Judl. Dated 17th
September 2008, having been received from the Ministry of Law and Justice,
Government of India registering protest against practice by courts issuing summons to
diplomats working in embassies of foreign states in India despite immunities and
privileges being available to them under Diplomatic Relations (Vienna Convention) Act,
1972 and Vienna Convention on Diplomatic Relations, the Hon'ble Court has desired
that all the Courts of the state be directed to observe the provisions made under Article 31
of the Diplomatic Relations (Vienna Convention) Act, 1972 which provides immunities
& privileges available to diplomats in judicial matters and also the procedure to be
adopted in service of judicial processes to diplomats, in case deemed necessary. In
matters other than those covered under the diplomatic immunity, the judicial process can
be served through the Ministry of External Affairs and not directly by the courts.

While enclosing a copy of the above letter dated: 17.09.2008 of the Ministry of
Law & Justice alongwith its enclosures, I am, therefore, to request you to kindly ensure
strict compliance of the above directions of the Hon'ble Court by all the courts under
your administrative control.