CPC

Section 28. Mode of taking additional evidence

In force · As amended up to 2026-08

28. Mode of taking additional evidence.— Wherever additional evidence is allowed to be produced, the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken to the Appellate Court. 28. Service of summons where defendant resides in another State.— (1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State. (2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto. issued by such Court and shall then return the summons to the Court of issue together with the record 4[(3) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section (2) , a translation of the record,— (a) in Hindi, where the language of the Court issuing the summons is Hindi, or (b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.] 5 [29. Service of foreign summonses.— Summonses and other processes issued by— (a) any Civil or Revenue Court established in any part of India to which the provisions of this Code do not extend, or (b) any Civil or Revenue Court established or continued by the authority of the Central Government outside India, or (c) any other Civil or Revenue Court outside India to which the Central Government has, by notification……………………………… in the Official Gazette, declared the provisions of this section to apply, may be sent to the Courts in the territories to which this Code extends, and served as if they were summonses issued by such Courts.] applied to 28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.— Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for execution.

Source: India Code