what is the process to serve notice by a person in Singapore to one in India.
India has assented to the Hague Convention on judicial and extra judicial documents. Singapore has not. What are the remedies available to the Indian, for wrong service?
1 Answer from Attorneys
I believe the lis is filed in Singapore Court, wherein Defendant is an Indian Litigant, upon whom the notice is required to be served.
Now, Section 2.6.2 of the Singapore Civil Procedure Code, provides that "service outside Singapore has to be effected in accordance with the laws of the country in which service is effected"
So, since the Service has to be effected in India, it has to be served in accordance with the provisions of Civil Procedure Code. Order 5 of the Indian Civil Procedure Code, provides mode of Service of Summons. As per Indian CPC the service of notice has to be effected primary by Hand Delivery. However, if Hand Delivery is not possible, then it can be permitted by way any of the Alternative Modes i.e. by Way of Registered Post / Email / Fax. However, Service by Alternative Mode cannot be effected unless specifically permitted by the Court by passing a specific order in this Regards.
For you the better way is Hand Delivery of Service of notice. You can take permission from the Singapore court to effect direct service of Notice upon the Defendant in India, and pursuant to such order, effect direct service to Indian Defendant.
Should you require any assist then feel free to contact.
Vivek N Mapara
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