1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 15

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

709

[8.42 contd.]

is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section.

(3) Any order giving leave to effect such service shall limit O. 11, r. 5.

a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served.

O. 11, r. 6.

(4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. 8a in the Schedule, and not the writ itself, is to be served upon him.

Form No. 8a.

(5) Where leave is given under this section to serve notice O. 11, r. 7. 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 a writ of summons respectively.

(6) This section shall apply to writs of summons and notices O. 11, r. 3. of writs of summons in probate actions.

(7) The court or a judge may direct that any summons, O. 11, r. 8a. 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 a 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 No. 1

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 709 [8.42 contd.] is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section. (3) Any order giving leave to effect such service shall limit O. 11, r. 5. a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served. O. 11, r. 6. (4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. 8a in the Schedule, and not the writ itself, is to be served upon him. Form No. 8a. (5) Where leave is given under this section to serve notice O. 11, r. 7. 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 a writ of summons respectively. (6) This section shall apply to writs of summons and notices O. 11, r. 3. of writs of summons in probate actions. (7) The court or a judge may direct that any summons, O. 11, r. 8a. 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 a 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 No. 1 Page 15 Page 16

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 709 [8.42 contd.] is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section. (3) Any order giving leave to effect such service shall limit 0. 11, r. 5. a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served. 0. 11, r. 6.. (4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. 8a in the Schedule. Schedule, and not the writ itself, is to be served upon him. Form No. 8a. (5) Where leave is given under this section to serve notice 0 11, r. 7. 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 a writ of summons respectively. (6) This section shall apply to writs of summons and notices 0. 11, r. 3. of writs of summons in probate actions. (7) The court or a judge may direct that any summons, O. 11, r. 8a. 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 a 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 sum- 0 11, r. 8. mons 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 shali 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. 1 • Page 15Page 16

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

709

[8.42 contd.]

is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of the jurisdiction under this section.

(3) Any order giving leave to effect such service shall limit 0. 11, r. 5.

a time after the service within which the defendant is to enter

an appearance, such time to depend on the place or country where or within which the writ is to be served.

0. 11, r. 6..

(4) When the defendant is neither a British subject nor in British dominions, notice of writ, in Form No. 8a in the Schedule. Schedule, and not the writ itself, is to be served upon him.

Form No.

8a.

(5) Where leave is given under this section to serve notice 0 11, r. 7. 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 a writ of summons respectively.

(6) This section shall apply to writs of summons and notices 0. 11, r. 3. of writs of summons in probate actions.

(8) Where leave is given to serve notice of a writ of sum- 0 11, r. 8. mons 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 shali 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.

1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 15

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