Bailabel Type : non-bailable

Description

Order 28 of the Civil Procedure Code (CPC) pertains specifically to suits by or against military or naval men or airmen. It was introduced to provide a streamlined and simplified procedure for dealing with legal matters involving members of the armed forces, given the unique nature of their duties, commitments, and services.

This order ensures that the legal process takes into account the special circumstances of military and defense personnel. Members of the military, navy, or air force may be absent from regular civil life due to the nature of their service, which can affect their ability to attend court hearings or respond to legal proceedings in the same way as civilian parties. This order therefore provides special provisions for their representation in civil suits.

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Key Provisions of Order 28

Rule 1: Suits by Military, Naval, or Air Force Personnel

1. Right to Sue:

   • When a military, naval, or air force personnel wishes to file a suit in a civil court, they are permitted to do so under Order 28. This includes both active duty and retired personnel. However, the process is adapted to accommodate their unique status.
   • In some cases, the personnel may be represented by a recognized agent or an authorized representative if they are unable to appear in person due to service-related duties.

2. Representation:

   • Members of the armed forces who are involved in a legal matter may not always be able to attend hearings or appear for proceedings due to military commitments. In such cases, they can be represented by an agent. This agent may be a legal representative or another person appointed by the military personnel to act on their behalf during the case.
   • The court may allow the military personnel to appoint an authorized representative who is not necessarily a lawyer but is sufficiently empowered to act for the service member.

3. Service of Summons:

   • The service of summons to military personnel or their representatives may follow a different procedure compared to civilian cases, especially when they are stationed far away or deployed. The court may direct that the summons be served through their commanding officer or military authorities. This ensures that the summons reaches the personnel in a timely and formal manner, even when they are not physically present at their usual address.

Rule 2: Suits Against Military, Naval, or Air Force Personnel

1. Service of Summons:

   • If the suit is against a military, naval, or air force personnel, the summons must be served through the commanding officer of the person concerned, who is responsible for ensuring the person’s presence in court or receiving the summons on their behalf.
   • This provision helps mitigate the challenge of serving legal notices to military personnel who may be stationed at various locations or deployed in areas where direct service might not be possible.

2. Jurisdictional Considerations:

   • Military personnel may be stationed in locations far from civilian courts, and their ability to attend court hearings might be limited due to their duties. As a result, courts may allow special arrangements for their appearance or provide an alternative means of conducting proceedings to ensure justice is accessible.
   • The court can take into account the service requirements of the defendant when scheduling hearings or hearings can be adjourned to a later date to accommodate their availability.

Rule 3: Provisions for Service in Certain Situations

1. Service in Remote Locations:

   • If a member of the armed forces is stationed at a remote location or outside the country, the court may allow the service of summons to be carried out through military channels rather than directly to the individual. This is typically done through the military authorities or the commanding officer of the individual concerned.

2. Adjournment for Absence:

   • The court may grant adjournments or extend the timeline for military personnel to appear or file documents, recognizing the irregular nature of their availability due to military obligations. For example, in case the person is deployed abroad or otherwise unable to attend a hearing, the court may set a later date.

Punishment

Dismissal of Suit:

• If the proper procedures for serving summons or the representation of military personnel are not followed under Order 28, the court may order the dismissal of the suit or proceedings.

Failure to Respond:

• Failure to respond or comply with court orders could lead to adverse consequences, such as the dismissal of the case or a default judgment if the defendant (military personnel) does not appear or respond to the suit. However, special provisions for adjournments or delays due to military obligations are typically taken into consideration.