1144
0.11 r. 7.
[New.]
ib. r. 3.
ib. r. 8 A.
ib. r. 8.
form 86.
form 8c.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE
(5) Where leave is given under this section to serve notice of a writ of summons out of the jurisdiction, such notice shall be served in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summons and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of writ of summons respectively.
(6) This section shall apply to writs of summons and notices of writs of summons in Probate actions.
(7) The Court or a Judge may direct that any summons, order or notice, shall be served on any party or person in a foreign country and the procedure prescribed by this section with reference to service of notice of writ of summons shall apply to the service of any summons, order or notice so directed to be served.
(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 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 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
1144
0.11 r. 7.
[New.]
ib. r. 3.
ib. r. 8 A.
ib.r. 8.
form 86.
form 8c.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
(5) Where leave is given under this section to serve notice of a writ of summons out of the jurisdiction, such notice shall be served in the manner in which writs of summons are served; and when- ever in any section of this Code a writ of summons and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of writ of summons respectively.
(6) This section shall apply to writs of summons and notices of writs of summons in Probate actions.
(7) The Court or a Judge may direct that any summons,
order or notice, shall be served on any party or person in a foreign country and the procedure prescribed by this section with reference to ser- vice of notice of writ of summons shall apply to the service of any summons, order or notice so directed to be served.
(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 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 proæcipe in form 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
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