(2)
No such leave shall be granted unless it is made sufficiently to appear to the Court or a Judge in
Chambers that the cause is a proper one for service out of jurisdiction under these Rules.
Order to fix time for appearance
15.
Any order giving leave to effect service or give notice shall limit a time after such service or
notice within which the defendant is to enter an appearance, such time to depend on the place
or country where or within which the writ is to be served or the notice given, and on whether the
air mail is available to the defendant.
Service of notice
16.
Where leave is given under the foregoing provisions to serve notice of the writ of summons out
of jurisdiction, the motive shall be served in the manner in which writs of summons are served.
Service of originating summons, etc
17.
(1) Service out of the jurisdiction may be allowed by the Court or a judge in Chambers of the
following processes or of notices thereof, that is to say
(a) An originating summons, where the proceedings begun by an originating summons might have
been begun by a writ of summons under these Rules;
(b) Any originating summons, petition, notice of motion or other originating
proceedings(i)
In relation to an infant or lunatic or person of unsound mind, or
(ii) Under any law or enactment under which proceedings can be commenced otherwise
than by writ of summons, or
(iii) Under any rule of Court where under proceedings can be commenced otherwise than
by writ of summons;
(c) without prejudice to the generality of paragraph (b) of this sub-rule, any summons,
order or notice in any interpleader proceedings or for the appointment of an
Arbitrator or umpire or to remit, set aside, or enforce an award in an arbitration held or
to be held within the jurisdiction;
(d)
Any summons, order or notice in any proceeding duly instituted whether by writ of
summons or other such originating process as aforesaid.
(2) The provisions of rule 14, 15 and 16 of this order shall apply mutatis mutandis to
service under this rule.
Service abroad by letter of request
18.
(1) Where leave is given to serve a writ of summons or a notice of writ of summons in
any foreign country other than a country with which a convention in that behalf has
been made, the following procedure may be adopted-
Civil Form 7
(a)
the document to be served shall be sealed with the seal of the Court for use out of the jurisdiction,
and shall be transmitted to the Permanent Secretary to the Ministry of Justice by the Chief
Registrar on the direction of the Chief Judge, together with a copy thereof translated into the
language of the country in which service is to be effected and with a request for transmission to the
Minister responsible for foreign affairs for the further transmission of the same to the government