Section 19 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
19. Service in foreign territories where no special arrangements exist.
- When service by post under Order V, rule 25 has failed and it is desired to proceed under Order V, rule 26, C.P.C. the summons should be submitted to the Deputy Commissioner for transmission to the local Government. They should never be sent direct to the courts of foreign territories. Before issuing summons, the court should enquire from the postal authorities the time that it normally takes for a letter to get to the required place and must then double that time and add not less than two months to it in fixing the date of hearing for the case. But in no case less than four months be allowed for such service.In forwarding such summons to Collector for transmission to the Commissioner, subordinate Courts must certify that service by post has been tried and failed and also state in what manner it has failed.On receipt of summon from Subordinate Courts, it will be the duty of the Assistant superintendent Revenue/Head vernacular Clerk to the Collector, before transmitting the same to the Commissioner, to examine the summons carefully and bring in defects, if any, to the notice of the Collector, to the court issuing the summons.Summonses, notices and other judicial documents intended for service in foreign countries should always be accompanied by translation in the language of the country in which service is to be effected there ever possible, summonses should be type written in English and must be checked and legibly signed by the Presiding Officer of the court who will be held personally responsible for their neatness and accuracy.
