Section 28 CPC — Service of Summons Where Defendant Resides in Another State

Section 28 CPC deals with the service of summons on a defendant who resides within the jurisdiction of another court in India. It enables a court where the suit is pending to have its summons served on a defendant located outside its ordinary territorial jurisdiction.

The provision ensures that territorial boundaries between courts do not prevent a defendant from being properly notified of a civil suit.

Section at a Glance

Particular	Details
Section	Section 28 CPC
Subject	Service of summons outside the court’s jurisdiction
Defendant	Residing within another court’s jurisdiction in India
Nature	Procedural
Detailed procedure	Order V CPC
Main purpose	Facilitate valid service of summons

Statutory Provision

Section 28 provides that a summons may be sent by the court in which the suit is pending to the court within whose jurisdiction the defendant resides, for service upon that defendant.

The receiving court then deals with the summons according to the prescribed procedure and returns the relevant record after service.

The provision is subject to the applicable rules concerning service of summons.

Meaning of Section 28 CPC

Put simply:

A defendant does not have to live within the territorial jurisdiction of the court hearing the suit for summons to be served upon them.

For example, if a suit is pending in Delhi and the defendant resides within the jurisdiction of a court in Jaipur, the Delhi court can have the summons served in Jaipur through the procedure contemplated by Section 28.

The suit remains pending before the original court. Only the process of service is carried out through the appropriate jurisdiction.

Purpose of Section 28

Section 28 primarily serves to:

• Facilitate service on defendants residing outside the court’s jurisdiction.
• Ensure that defendants receive proper notice.
• Avoid the need for separate proceedings merely because the defendant resides elsewhere.
• Make the civil process workable across different judicial jurisdictions.

Essential Requirements

1. A Suit Must Be Duly Instituted

Section 28 operates after the institution of a suit.

2. Defendant Resides in Another Court’s Jurisdiction

The defendant must be located within the jurisdiction of another court in India.

3. Summons Is Sent for Service

The court where the suit is pending sends the summons through the prescribed procedure for service on the defendant.

4. Service Must Follow the CPC

The actual service must comply with the applicable provisions, particularly Order V CPC.

Section 28 and Order V CPC

Section 28 provides the statutory basis for service through another court’s jurisdiction, while Order V contains the detailed rules relating to service of summons.

Therefore, the two should be read together:

Section 28 → statutory framework

Order V → detailed procedure

Does Section 28 Confer Jurisdiction?

No.

This is an important distinction.

The fact that summons is served through a court in another State does not mean that the receiving court acquires jurisdiction over the original suit.

For example, if a suit is pending in Delhi and summons is served on the defendant in Jaipur, the Jaipur court does not thereby become the court trying the suit.

Service of summons and jurisdiction to adjudicate are separate issues.

Section 28 and Section 27

Section 27	Section 28
General provision relating to service of summons	Deals with service where the defendant is within another court’s jurisdiction
Applies after institution of suit	Provides the mechanism for service outside the ordinary jurisdiction
Read with Order V	Read with Order V

Section 28 therefore supplements the general rule contained in Section 27.

Section 28 and Section 29

Section 28 deals with service within India through the prescribed judicial mechanism.

Section 29 deals with service of summons issued by foreign courts in circumstances recognised by the CPC.

Thus, the basic distinction is:

Section 28 → service within India

Section 29 → service of foreign summons

Practical Example

A files a recovery suit against B in a competent court at Chennai. B resides in Mumbai.

The Chennai court may send the summons for service upon B through the prescribed procedure applicable to service within another court’s jurisdiction.

B’s residence in Mumbai does not by itself prevent the Chennai court from proceeding with the suit, provided the court otherwise has jurisdiction.

Important Case Law

Neerja Realtors Pvt. Ltd. v. Janglu, (2018) 2 SCC 649

Principle: The Supreme Court stressed that the requirements governing service of summons must be properly followed, particularly before resorting to substituted service.

Relevance: The case reinforces the importance of valid service before a defendant is proceeded against in their absence.

Common Confusions

Residence in Another State Does Not Automatically Defeat Jurisdiction

A defendant residing elsewhere may still be properly sued in a court having jurisdiction under the CPC.

Section 28 Does Not Transfer the Suit

The suit continues before the court where it was instituted.

Only the process of serving summons is facilitated through another jurisdiction.

The Receiving Court Does Not Decide the Suit

The court through which summons is served does not acquire authority to adjudicate the underlying dispute merely because it assists with service.

Practical Importance in Civil Litigation

When a defendant resides outside the territorial jurisdiction of the court, the plaintiff should ensure that:

• The defendant’s address is accurate.
• The summons is properly issued.
• The prescribed mode of service is followed.
• Proof of service is placed on record.
• Any objection regarding defective service is addressed promptly.

Proper service is particularly important before seeking an order to proceed ex parte.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 28 deals with service of summons where the defendant resides within the jurisdiction of another court in India.
• It facilitates service outside the territorial jurisdiction of the court hearing the suit.
• The detailed procedure is contained in Order V CPC.
• The receiving court does not acquire jurisdiction over the original suit merely by serving summons.
• Section 28 concerns service within India, while Section 29 deals with foreign summons.

Important Questions to Prepare

1. Explain the object and scope of Section 28 CPC.
2. How is summons served when the defendant resides within another court’s jurisdiction?
3. Does Section 28 confer jurisdiction on the court through which summons is served?
4. Distinguish Section 27 from Section 28 CPC.
5. Distinguish Section 28 from Section 29 CPC.
6. Explain the relationship between Section 28 and Order V CPC.

Key Legal Principles

1. Section 28 facilitates service of summons outside the territorial jurisdiction of the court where the suit is pending.
2. The provision operates through the prescribed procedure under the CPC.
3. Service of summons does not confer adjudicatory jurisdiction on the receiving court.
4. Proper service remains essential before the defendant can be proceeded against in their absence.

ALSO READ: Section 28 – Service of Summons Where Defendant Resides in Another State

Key Takeaways

Concept	Principle
Section	Section 28 CPC
Subject	Service of summons outside jurisdiction
Defendant	Resides within another court’s jurisdiction in India
Purpose	Facilitate service
Procedure	Order V CPC
Effect	Does not transfer the suit
Jurisdiction	Not conferred on receiving court
Related provision	Section 29 CPC