Section 28 of CPC : Section 28: Service of summons where defendant resides in another State.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman based in Mumbai, files a civil suit against Anil, who resides in Bangalore, for breach of contract.

Application of Section 28:

1. Issuance of Summons: The court in Mumbai issues a summons to Anil in Bangalore.
2. Sending Summons to Another State: The Mumbai court sends the summons to the appropriate court in Bangalore as per the rules in force in Karnataka.
3. Receipt and Action by Bangalore Court: Upon receiving the summons, the Bangalore court treats it as if it was issued by itself. The Bangalore court then serves the summons to Anil.
4. Return of Summons: After serving the summons, the Bangalore court returns it to the Mumbai court along with the record of its proceedings.
5. Language Translation: If the summons issued by the Mumbai court is in Marathi and the Bangalore court's records are in Kannada, a translation in Hindi or English is sent along with the record.

Example 2:

Scenario: Priya, residing in Delhi, files a civil suit for recovery of money against Suresh, who lives in Chennai.

Application of Section 28:

1. Issuance of Summons: The court in Delhi issues a summons to Suresh in Chennai.
2. Sending Summons to Another State: The Delhi court sends the summons to the appropriate court in Chennai as per the rules in force in Tamil Nadu.
3. Receipt and Action by Chennai Court: Upon receiving the summons, the Chennai court treats it as if it was issued by itself. The Chennai court then serves the summons to Suresh.
4. Return of Summons: After serving the summons, the Chennai court returns it to the Delhi court along with the record of its proceedings.
5. Language Translation: If the summons issued by the Delhi court is in Hindi and the Chennai court's records are in Tamil, a translation in Hindi or English is sent along with the record.