108. Directions for processes to be sent to foreign courts.
- The following directions shall be carefully complied with when any processes are to be issued for service in foreign countries (i.e. a State or country outside India):-(a)They shall be drawn up in proper form and type-written, where printed forms are not used, they shall be written on good durable paper.(b)They shall be written in English and shall be legible. Such summons etc., shall not be signed by the Munsarim but by the Presiding Officer of the court issuing them, and he shall satisfy himself that the documents are correctly addressed and properly sealed. This matter shall not be left to the parties and the Munsarims.(c)The names and addresses of the individuals upon whom a process is to be served shall also be stated in the forwarding letter accompanying the process.(d)All documents not in English shall be accompanied by their translation in English and in addition where the person upon whom the service is desired is not a British subject, by a translation into the language of the country concerned.(e)In such cases the court shall fix the next date for hearing of the suit, atleast seven months ahead so as to allow sufficient time for execution and return of the process to India before the next date of hearing of the suit. The returnable date to be specified in the process shall in no case be less than six months, after the date on which the processes are finally despatched to the High Court.
