Where the defendant resides out of [India] [ Substituted by Act 2 of 1951, Section 3, for " the states" .] and has no agent in [India] [ Substituted by Act 2 of 1951, Section 3, for " the states" .] empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him [by post or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court] [Substituted by the Code of Civil Procedure (Amendment) Act, 1999, Section 15, for " by post" (w.e.f. 1.7.2002).] , if there is postal communication between such place and the place where the Court is situate : Provided that where any such defendant [resides in Bangladesh or Pakistan] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " resides in Pakistan" (w.e.f. 1.2.1977).] the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer [in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military naval or air forces)] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for certain words (w.e.f. 1.2.1977).] or is servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.

High Court Amendments-[Allahabad].-Substitute the following for rule 25: "25. Where the defendant resides out of India and has no agent in India empowered to accept service, the summons, unless the Court otherwise directs, be addressed to the defendant at the place where he is residing and sent to him, by registered post, if .there is postal communication between such place and the place where the Court is sitting. Unless the cover is returned undelivered by the Post Office on account of want of proper address or other similar reason, the summons may be deemed to have been delivered to the addressee at the time when it should have reached him in ordinary course."-(29-3-1958 and 14-4-1962). [Andhra Pradesh.-Same as that of Madras, except omit the words "British" wherever it occurs and delete the existing proviso. [Karnataka].-Delete rule 25 and substitute the following: "25. (1) Where the defendant resides outside the State of Mysore but within the territories of India, the Court may direct the proper officer within the meaning of rule 9 to cause the summons to be addressed to the defendant at the place where he ordinarily resides or carries on business, or works for gain and sent to him by registered post prepaid for acknowledgment. When it is so sent by registered post, the provisions of the proviso to rule 10 shall apply thereto. (2) Where the defendant resides out of India and has no agent in India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate : Provided that, if by any arrangement between the Central Government and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in the same manner as by the said arrangement may have been agreed upon: Provided further that, where any such defendant resides in Pakistan, the summons together with a copy thereof, may be sent for service on the defendant to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that, where any such defendant is a public officer in Pakistan (not belonging to Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette specify in that behalf."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-In rule 25 (i) the following shall be added before the existing provisos, namely: "Provided that, if by any arrangement between the Government of the State in which the Court issuing summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon." (ii) in the last proviso for the word "company", the word "Administration" shall be substituted.-(9-6-1959). [Madhya Pradesh].-For the word "shall", substitute the word "may".-(16-9-1960). [Madras].-Substitute the following for rule 25: "25. Service where defendant resides out of British India and has no agent.-Where the defendant resides out of British India and has no agent in British India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate: Provided that if, by any arrangement between the Government of the province in which the Court issuing summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon. Note.-The proviso to rule 25 was omitted with effect from 23-12-1964. [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.] Order 5, Rule 25-A [Allahabad].-Add the following as rule 25-A: "25A. Where the defendant resides out of India but has an agent empowered to accept service of summons on his behalf residing in India but outside the jurisdiction of the Court, the summons, unless directed otherwise by the Court, may be addressed to such agent and sent to him by registered post if there is postal communication between such place and the place where the Court is sitting. Unless the cover is returned undelivered for want of proper address or any other sufficient reason, the summons may be deemed to have been delivered to the address at the time when it should have reached him in ordinary course."-(14-4-1962). [Madhya Pradesh].-Add the following as rule 25-A: "25A. Service where defendant resides in India but outside Madhya Pradesh.--Where the defendant resides in India but outside the limits of Madhya Pradesh, the Court may, in addition to any other mode of service, send the summons by registered post to the defendant at the place where he is residing or carrying on business. An acknowledgment purporting to be signed by him or an endorsement by a postal servant that the defendant refused service may be deemed by the Court issuing the summons to be prima facie proof of service."-(16-9-1960).

Where the defendant resides out of [India] [ Substituted by Act 2 of 1951, Section 3, for " the states" .] and has no agent in [India] [ Substituted by Act 2 of 1951, Section 3, for " the states" .] empowered to accept service, the summons shall be addressed to the defendant at the place where he is residing and sent to him [by post or by post or by such courier service as may be approved by the High Court, by fax message or by Electronic Mail service or by any other means as may be provided by the rules made by the High Court] [Substituted by the Code of Civil Procedure (Amendment) Act, 1999, Section 15, for " by post" (w.e.f. 1.7.2002).] , if there is postal communication between such place and the place where the Court is situate : Provided that where any such defendant [resides in Bangladesh or Pakistan] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " resides in Pakistan" (w.e.f. 1.2.1977).] the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that where any such defendant is a public officer [in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military naval or air forces)] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for certain words (w.e.f. 1.2.1977).] or is servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette, specify in this behalf.

High Court Amendments-[Allahabad].-Substitute the following for rule 25: "25. Where the defendant resides out of India and has no agent in India empowered to accept service, the summons, unless the Court otherwise directs, be addressed to the defendant at the place where he is residing and sent to him, by registered post, if .there is postal communication between such place and the place where the Court is sitting. Unless the cover is returned undelivered by the Post Office on account of want of proper address or other similar reason, the summons may be deemed to have been delivered to the addressee at the time when it should have reached him in ordinary course."-(29-3-1958 and 14-4-1962). [Andhra Pradesh.-Same as that of Madras, except omit the words "British" wherever it occurs and delete the existing proviso. [Karnataka].-Delete rule 25 and substitute the following: "25. (1) Where the defendant resides outside the State of Mysore but within the territories of India, the Court may direct the proper officer within the meaning of rule 9 to cause the summons to be addressed to the defendant at the place where he ordinarily resides or carries on business, or works for gain and sent to him by registered post prepaid for acknowledgment. When it is so sent by registered post, the provisions of the proviso to rule 10 shall apply thereto. (2) Where the defendant resides out of India and has no agent in India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate : Provided that, if by any arrangement between the Central Government and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in the same manner as by the said arrangement may have been agreed upon: Provided further that, where any such defendant resides in Pakistan, the summons together with a copy thereof, may be sent for service on the defendant to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides: Provided further that, where any such defendant is a public officer in Pakistan (not belonging to Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority in that country as the Central Government may, by notification in the Official Gazette specify in that behalf."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-In rule 25 (i) the following shall be added before the existing provisos, namely: "Provided that, if by any arrangement between the Government of the State in which the Court issuing summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon." (ii) in the last proviso for the word "company", the word "Administration" shall be substituted.-(9-6-1959). [Madhya Pradesh].-For the word "shall", substitute the word "may".-(16-9-1960). [Madras].-Substitute the following for rule 25: "25. Service where defendant resides out of British India and has no agent.-Where the defendant resides out of British India and has no agent in British India empowered to accept service, the summons may be addressed to the defendant at the place where he is residing and sent to him by post, if there is postal communication between such place and the place where the Court is situate: Provided that if, by any arrangement between the Government of the province in which the Court issuing summons is situate and the Government of the foreign territory in which the defendant resides, the summons can be served by an officer of the Government of such territory, the summons may be sent to such officer in such manner as by the said arrangement may have been agreed upon. Note.-The proviso to rule 25 was omitted with effect from 23-12-1964. [N.B.-These High Court Amendments relate to the provisions as existed before the 1999 Amendment Act.] Order 5, Rule 25-A [Allahabad].-Add the following as rule 25-A: "25A. Where the defendant resides out of India but has an agent empowered to accept service of summons on his behalf residing in India but outside the jurisdiction of the Court, the summons, unless directed otherwise by the Court, may be addressed to such agent and sent to him by registered post if there is postal communication between such place and the place where the Court is sitting. Unless the cover is returned undelivered for want of proper address or any other sufficient reason, the summons may be deemed to have been delivered to the address at the time when it should have reached him in ordinary course."-(14-4-1962). [Madhya Pradesh].-Add the following as rule 25-A: "25A. Service where defendant resides in India but outside Madhya Pradesh.--Where the defendant resides in India but outside the limits of Madhya Pradesh, the Court may, in addition to any other mode of service, send the summons by registered post to the defendant at the place where he is residing or carrying on business. An acknowledgment purporting to be signed by him or an endorsement by a postal servant that the defendant refused service may be deemed by the Court issuing the summons to be prima facie proof of service."-(16-9-1960).