LawDadi legal and tax information
Home / CPC / Order V Rule 25

Order V Rule 25 CPC: Service of Summons on a Defendant Outside India

Order V Rule 25 of the Code of Civil Procedure, 1908 (CPC) deals with service of summons when a defendant resides outside India and has no agent in India empowered to accept service. It specifies how the court may address and transmit summons, with special provisions for Bangladesh and Pakistan.

Legal reference: Order V (Issue and Service of Summons), Rule 25, First Schedule to the Code of Civil Procedure, 1908. Read the official CPC text on India Code.

Meaning and scope of Order V Rule 25

This rule applies when (1) the defendant resides outside India and (2) there is no agent in India who is empowered to accept summons on that defendant's behalf. An agent merely known to the defendant is not necessarily an agent authorised to accept service.

What does Order V Rule 25 provide?

Where these conditions are met, the summons is addressed to the defendant at the place where the defendant resides abroad. The rule permits transmission by post, a courier service approved by the High Court, fax, electronic mail or another means allowed by the applicable High Court rules, subject to the rule's postal-communication condition and other governing requirements.

The wording of Rule 25 includes two specific provisos:

  • Defendants residing in Bangladesh or Pakistan: The summons and a copy may be sent for service to a court in that country (other than the High Court) having jurisdiction where the defendant resides.
  • Specified public officers and employees: For the categories of public officers, railway-company servants and local-authority servants identified in the second proviso, summons and a copy may be sent to an officer or authority designated by Central Government notification. The proviso excludes the military, naval and air-force personnel described in it.

These provisos are part of the statutory rule. Whether a particular channel can be used in practice depends on applicable procedural rules, international arrangements and any relevant governmental directions.

Practical steps for service abroad

  1. Establish the foreign address. Provide the court with the defendant's current and sufficiently detailed overseas address.
  2. Confirm the absence of an authorised Indian agent. Check whether any person in India has authority to accept service.
  3. Request an appropriate mode. Ask the court to direct service through a mode permitted under Rule 25 and applicable High Court rules, taking account of requirements in the destination country.
  4. Supply necessary documents. Provide the summons, pleadings and copies or translations if directed by the court or required under the relevant channel.
  5. File proof of service. Place postal receipts, delivery acknowledgements, electronic records, official certificates or other permitted evidence before the court. The court decides whether service is legally sufficient.

Order V Rule 9: Governs delivery or transmission of summons for service and certain recognised modes of service. Order V Rule 12: Generally requires personal service where practicable, unless an empowered agent may accept it. Order V Rule 20: Provides for substituted service where the court is satisfied that the prescribed conditions are met; it is not an automatic substitute for service abroad. Order V Rules 26 and 26A: Address service in foreign territory through designated agents, courts or officers where the statutory conditions are satisfied.

International service and applicable rules

International service may also be affected by treaty arrangements, including the Hague Service Convention where applicable, and by the law of the destination country. A mode mentioned in the CPC does not by itself establish that service in every foreign jurisdiction is valid. Courts and litigants should check the relevant High Court rules, central-authority procedures and any applicable international obligations before arranging service.

Frequently asked questions

Can an Indian civil court serve summons on a person living abroad?

Yes. Order V Rule 25 provides a route when the defendant lives outside India and has no agent in India empowered to accept service, subject to applicable procedural requirements.

Is email service always valid under Rule 25?

No. Electronic mail is mentioned as a possible mode, but its use must comply with applicable High Court rules, the court's directions and any relevant cross-border requirements.

What if the defendant has an authorised agent in India?

Rule 25 specifically addresses defendants who have no such agent. Service on an empowered agent may instead be considered under the applicable provisions, including Order V Rule 12.

Does Rule 25 apply to defendants in Bangladesh and Pakistan?

Yes. It also contains special provisos concerning service through certain courts and notified authorities in those countries.

This article is a general explanation of the central CPC provision, not case-specific legal advice. Local amendments, court rules and international service requirements should be checked for the particular proceeding.