IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1731 OF 2009 IN WRIT PETITION NO. 8748 OF 2005 Suman Murlidhar Bhavsar and ors. ..Applicants. Vs. Vijay Purshottam Bhayani and ors. ..Respondents ......... Mr.V.Z.Kankaria a/w.Mr.S.H.Joshi, for applicant. Mr.Harshad Palve, for respondent no.3. ....... CORAM : A.S.OKA, J. DATE : 16 th OCTOBER, 2009. P.C. : 1) The registry has submitted a list containing the countries to which postal communication is available from India. 2) A detailed discussion is already made in the earlier order dated 18 th September 2009 regarding the provisions of law dealing with service of processes in foreign countries. In terms of the said order, directions will to be issued to the registry. 3) The writ petition which is dismissed as against the fourth respondent will have to be restored by directing the registry to issue fresh notice to the said respondent by registered post. 4) Hence, the civil application is disposed of by passing following order:- i. Whenever a notice is ordered to be issued to the respondent residing in a foreign country, the registry will have a first ascertain whether the case is governed by rule 26A of order V of the said code. ii. If the case is not governed by the said rule 26A, the registry will have to ascertain whether clauses (a) and (b) of rule 26 of Order V are applicable. The Registrar (judicial-1) will have to call for information as regards steps taken by the Central Government under the said clauses (a) and( b). iii. A compilation of notifications and/or orders under the said clauses (a) and (b) shall be prepared by the registry for ready reference of the members of the staff. iv. If the case is not governed by both rules 26 or 26A, the registry will ascertain whether the case is governed by proviso to rule 25 of order V. v. In all other cases, notice will be issued to such respondent by registered post. The registry will ensure that sufficiently longer returnable date is fixed keeping in mind what is provided in paragraph 174 of the civil manual. If the returnable date fixed by the court is very short, the registry will to move the court for extension of returnable date in view of the guidelines contained in paragraph 174 of the civil manual. vi.In case of difficulty in effecting service by any of the recognised modes, recourse will have to be taken to clause 5 of letter dated 22 nd December 2006 of the Ministry of external affairs which is considered in the earlier order dated 18th September 2009 by forwarding a request to the Ministry of Law and Justice for providing assistance in the matter of service of notice. vii.The writ petition stands restored as against the fourth respondent. A fresh notice be issued to the said respondent by registered post as postal services are available to the United Kingdom. The notice is made returnable on 20 th February 2010. viii.A copy of this order be forwarded to the Registrar (judicial-1) [A.S.OKA, J.]