CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1127
(8) Where leave is given to serve notice of a writ of summons, or other document, in any foreign country to which Order XI, rule 8, of the Rules of the Supreme Court in England has by order of the Lord Chancellor been applied, the following procedure shall be adopted:
(i) The notice to be served shall be sealed with the seal of the court and shall be forwarded by the judge to the Colonial Secretary, together with a copy thereof translated into the language of the country in which service is to be effected, and with a request that the necessary steps be taken for the further transmission of the same, through the proper channels, to the Government of the country in which leave to serve notice of the writ has been given. Such request shall be in Form No. 8b in the Schedule with such variations as circumstances may require.
(ii) The party bespeaking a copy notice of writ for service under this section shall, at the time of bespeaking the same, file a præcipe in Form No. 8c in the Schedule.
(iii) An official certificate, or declaration upon oath, or otherwise, transmitted through the diplomatic channel by the Government or court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the notice of the writ to have been personally served or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed of record as, and be equivalent to, an affidavit of service within the requirements of this section in that behalf.
(iv) Where an official certificate or declaration, transmitted to the Supreme Court in manner provided in paragraph (iii) certifies or declares that efforts to serve a notice of writ have been without effect, the court or a judge may, upon the ex parte application of the plaintiff, order that the plaintiff be at liberty to bespeak a request for substituted service of such notice. Such order shall be in Form No. 8e in the Schedule with such variations as circumstances may require.
(v) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in Form No. 8c in the Schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmitted to the Colonial Secretary.