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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A Civil Court in a part of India to which the Code of Civil Procedure, 1908 does not extend issues a summons to a defendant living in Pune, where the Code extends. How may the summons be dealt with under the Code?

Section 29 allows summonses and other processes from a Civil or Revenue Court in a part of India where the Code does not extend to be sent to courts in territories where it extends and served as if they were issued by those courts.

  1. AIt may be sent to the court in Pune and served as if it were a summons issued by that courtCorrect
  2. BIt must be returned because only courts under the Code can issue valid summonses
  3. CIt can be served only through diplomatic channels
  4. DIt can be served only after the High Court re-issues it as a fresh summons

Explanation

Section 29 states that summonses and other processes issued by a Civil or Revenue Court in any part of India where the Code does not extend may be sent to courts in territories where the Code extends and served as if issued by those courts. The other options add requirements not found in the section.

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