# while sending the report about service of notice on the alleged condemner

- **Citation:** C.L. NO. 17
- **Court:** Allahabad High Court
- **Decided:** 1959-08-22
- **Case number:** C.L. NO. 17
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/while-sending-the-report-about-service-of-notice-on-the-alleged-condemner-163127
- **Pages:** 2

## Text

144
 I am therefore desired to request you to bring into the notice of all the judicial
officers the directions given in the aforesaid case and they be asked to remain careful
while sending the report about service of notice on the alleged condemner.
(e) Service of summons/ notices in United Arab Emirates.
C.L. NO. 17 VIIC-6/ Admin. (F), dated: 7 May, 2005

 I am directed to send herewith a copy of Government Letter No. 12 (16)/2005Judl. Government of India, Ministry of Law & Justice, Department of Legal Affairs,
Judicial section, New Delhi, dated 24.2.2005, on the above subject and to inform you
that Joint Secretary & Legal Advisor to the Government of India has intimated that the
Government of India has signed an agreement with the Government of U.A.E. in
connection with service of Summons, Judicial Documents, Judicial commission,
Execution of Judgment and Arbitral Awards vide Notification GSR 894 (E), dated 23rd
November, 2000. As per the terms of the agreement, requests for legal assistance have to
be made through the central Authorities of the respective countries. In the Republic of
India, the central Authority is the Ministry of Low of Justices. The agreement further
stipulates that all the document in connection with the legal assistance have to be
officially signed by the court under its seal. All request and supporting documents have to
be furnished in duplicate along with translation into one of the official language of the
requested party. The official Language of the United Arab Emirates is Arabic.

It has been further intimated that the Government of U.A.E has requested for
receiving of summons three months in advance of the hearing date set by the concerned
courts in India and that too with complete address of the parties concerned to enable
them to take appropriate action.

I am, therefore, to request you kindly to act upon accordingly and to kindly bring
the contents of Circular Letter to the notice of all the Judicial Officers in your Judgeship
for their guidance and strict compliance.
(f)
Service of summons/Judicial Process etc. outside India in Civil matters
C.L .No. 44/VIIC-6/Admn.(F) : Dated 19.10.2006

In continuation of the earlier C.E. No. 74/VIIIb-16, dated August 22, 1959 and
Circular Letter No. 21/VIIC-6/Admin.(F), dated 13.08.2004, dealing with service of
judicial processes in criminal matters outside India, I am directed to say on the above
subject that Government of India, vide Letter No. T-4410/24/2006 dated 23.03.2006 has
intimated that the service of judicial processes outside Indian including summons/show
cause notices etc., in cases pertaining to civil and commercial matters are required to be
taken up with the Ministry of Law and Justice being the nodal ministry and central
Authority for seeking and providing the mutual legal assistance in civil matters (copy
enclosed).

It has been further informed that the Ministry of Law and Justice receives all kind
of such request, examines them and takes appropriate action with regard to civil laws
matters as per Allocation of Business Rules of the Government of India. It finalizes and
notifies treaties and arrangements with other countries as per relevant statutory
provisions in the Code of Civil Procedure. Therefore, all requests for seeking assistance
from the foreign country including the service of all kinds of judicial processes or other
145
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