113. 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.. State or Country outside the Union of India) :(a)They shall be drawn up in proper form and type-written. Where printed forms are not used, they shall be type-written on good durable paper.(b)They shall be written in English and shall be legible. Such summonses 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 Munsarim.(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.In case of Iran full translation into Persian shall accompany all judicial documents including summonses and notices. If, however, this be not possible necessary fee at the rates given below shall accompany such documents for their translation and certification.(i)[ Fees for making or verifying a translation of a document per page - Rs. 20.00. [Substituted by Notification No. 337/X-b-88, dated 26-7-1996, (Correction Slip No. 117)., (w.e.f. 28-9-1996).](ii)Fees for granting any certificate not otherwise provided for, if exceeding one page - Rs. 25.00.Note. - Bankers draft In rupees should be sent for the calculated fees chargeable.](e)The returnable date to be specified in the documents shall be so fixed as to allow sufficient time for execution and return of the documents to India before the date fixed for the next hearing of the suit. In no case shall the returnable date be fixed at less than 3 months after the date on which the documents are finally despatched to the High Court. In the case of Iran the period shall ordinarily be not less than six months and in case of Thailand not less than eight months.
