Library/CPC/Section O5R28
Section O5R28Procedural

Service on soldiers, sailors or airmen

Full Text

Where the defendant is a soldier, sailor or airman, the Court shall send the summons for service to his commanding officer together with a copy to be retained by the defendant.

Plain English Summary

Mandates that summonses against military personnel (soldiers, sailors, or airmen) must be officially transmitted to their Commanding Officer for service.

Key Legal Elements

  • Armed Forces Personnel: Applies to active members of Army, Navy, and Air Force.
  • Commanding Officer Obligation: CO is legally bound under Rule 29 to serve the summons and return the signed acknowledgment.
  • Operational Protection: Ensures military operations are not disrupted by unregulated civilian process serving.

Practical Note

Defense Personnel Litigation: 1. Procedural Precision: Always obtain the unit designation and Commanding Officer address. Service attempted directly at forward military posts without routing through the CO will be rejected by the military authorities.

हिंदी पाठ

जहां प्रतिवादी कोई सैनिक (Soldier), नौसैनिक (Sailor) या वायुसैनिक (Airman) है, वहां न्यायालय समन को प्रतिवादी पर तामील के लिए उसके समादेशक अधिकारी (Commanding Officer) को एक प्रति सहित भेजेगा जिसे प्रतिवादी द्वारा रखा जाएगा।