Where the defendant is a soldier, [sailor] [Inserted by Act 35 of 1934, Section 2 and Sch.] [or airman] [Inserted by Act 10 of 1927, Section 2 and Sch.I] , the Court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.
High Court Amendments-[Allahabad].-The present rule 28 shall be re-numbered as 28(1), and add the following: (2) Where the address of such Commanding Officer is not known, the Court may apply to the Officer Commanding the station in which the defendant was serving when the cause of action arose to supply such address, in the manner prescribed in sub-rule (4) of this rule.-(5-3-1927). (3) Where the defendant is an officer of the Indian military forces, wherever it is practicable, service shall be made on the defendant in person.-(5-3-1927). (4) Where such defendant resides outside the jurisdiction of the Court in which the suit is instituted, or outside India the Court may apply over the seal and signature of the Court to the Officer Commanding the station in which the defendant was residing when the cause of action arose, for the address of such defendant, and the Officer Commanding to whom such application is made shall supply the address of the defendant or all such information that it is in his power to give, as may lead to the discovery of his address.- (5-3-1927). (5) Where personal service is not practicable, the Court shall issue the summons to the defendant at the address so supplied by registered post."-(5-3-1927). [Andhra Pradesh].-Same as that of Madras. [Bombay].-Same as that of Madras-(1-10-1983). [Karnataka].-Delete rule 28 and substitute the following: "28. Where the defendant is a soldier, sailor or airman, the Court shall send by registered post pre-paid, for acknowledgment the summons for service on the defendant to his commanding officer together with a copy to be retained by the defendant."-(R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-In Order 5, rule 28, after the words "shall send", insert the words "by registered post pre-paid for acknowledgment".