Section 28 CPC: Service of Summons Where Defendant Resides in Another State
Section 28 of the Code of Civil Procedure, 1908 (CPC) explains how a civil court can arrange service of a summons when a defendant is in another Indian State. It provides a court-to-court mechanism, requires the receiving court to report what happened, and addresses translations of the service record.
Section 28 CPC: statutory text
Section 28 - Service of summons where defendant resides in another State
(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto.
(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2), a translation of the record,-
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section.
The wording above follows the central provision. State amendments, applicable High Court rules and special procedures should be checked for the relevant forum.
Meaning of Section 28 CPC: subsection-by-subsection explanation
Section 28(1): sending summons to a court in another State
The court hearing the suit may transmit summons to an appropriate court in another State for service. The recipient court and the method of transmission or service are governed by the rules applicable in the State where service is to take place. The provision is concerned with service of process; it does not independently decide which court has territorial jurisdiction over the suit.
Section 28(2): duty of the receiving court
After receiving the summons, the receiving court proceeds as though it issued the summons itself for the purpose of effecting service. It must return the summons to the originating court along with any record of the steps taken. The record may show successful service, refusal, an unsuccessful attempt or another relevant result, depending on the facts and procedural rules.
Section 28(3): translation of the record
If the language of the summons differs from the language of the record prepared by the receiving court, the required translation accompanies the returned record. The provision specifies Hindi when the issuing court's language is Hindi and Hindi or English where the service record is in a language other than Hindi or English. This helps the issuing court understand the service report.
Practical procedure for interstate service of civil summons
- Institution of suit: The plaintiff files the suit before a court having jurisdiction. Under Section 26 CPC, suits ordinarily begin with presentation of a plaint.
- Issue of summons: Where appropriate, the court issues summons under Section 27 CPC, read with Order V.
- Interstate transmission: Where Section 28 is used, the summons is sent to the appropriate court in the defendant's State in accordance with applicable rules.
- Service efforts: The receiving court undertakes service and documents the result under the governing procedural rules.
- Return of record: The summons and record of service proceedings, with any required translation, are returned to the issuing court.
- Judicial assessment: The issuing court considers the service report and decides whether service is sufficient or further steps are required.
Language requirements and proof of service
The translation rule in Section 28(3) relates to the record returned by the receiving court. It should not be confused with a universal rule that every summons must be translated into Hindi or English. The applicable summons format, language, method of service and evidentiary requirements are also affected by Order V, local rules and court directions.
A service report should be assessed carefully. Merely sending summons to another State is not the same as establishing valid service. A court must be satisfied on the material before it before taking steps that depend on service, including proceeding in the defendant's absence.
Related CPC provisions and distinctions
| Provision | What it covers |
|---|---|
| Section 27 CPC | Issuing summons to defendants in a duly instituted suit. |
| Section 28 CPC | Sending summons for service in another Indian State and return of the service record. |
| Section 29 CPC | Service of certain summonses and processes issued by courts outside the ordinary domestic setting specified in that provision. |
| Order V CPC | Detailed rules governing issue and service of summons, including modes and proof of service. |
| Order IX CPC | Consequences of appearance or non-appearance of parties, subject to proper service and other requirements. |
Interstate service should also be distinguished from a transfer of the suit. Sections 24 and 25 address transfer in different circumstances; Section 28 does not transfer the underlying proceeding.
Official legal sources
For the current statutory text, amendments and applicable procedural rules, consult the India Code official legislation database, the Legislative Department, Government of India, and relevant High Court rules. Judicial decisions and court notices can be researched through the Supreme Court of India.
Frequently asked questions
Can a civil summons be served in a different Indian State?
Yes. Section 28 provides for sending summons to an appropriate court in another State for service according to the rules applicable there.
Does the case move to the State where the defendant lives?
No. Section 28 deals with service, not transfer of the suit. A separate legal basis and order would be needed for transfer.
Who sends the service report back?
The court receiving the summons returns it to the issuing court with the record, if any, of its proceedings concerning service.
Is a translation always required?
Not always. Section 28(3) specifies a translation when the language of the summons differs from that of the returned record, subject to the conditions stated in that subsection.
What if the defendant is not served?
The issuing court considers the return and may direct further lawful attempts or another permitted mode of service. Non-service does not automatically justify an ex parte decision.
Legal information notice: This article explains the general central CPC framework, not case-specific advice. Verify any applicable State amendment, High Court rule and current judicial direction before relying on a procedure.