(1.) The issue referred remind us of the Shakespearean quote in Macbeth, as it looks like an innocent flower, beneath which lies a serpentine conundrum.
(2.) A Division Bench of this Court in Mollykutty v. Nicy Jacob, 2019 (3) KHC 118, held that the Summons to a Defendant, who is residing in a Foreign Country, which is party to the Hague Service Convention, can only be served as provided for in the Hague Service Convention; and that it cannot be sent directly to Defendants residing abroad. When the question of serving Summons to a Defendant residing abroad arose in the above Appeals, another Division Bench doubted the correctness of Mollykutty (supra), essentially on the premise that, in the absence of an amendment to the Code, the methodology envisaged in the Code can still be resorted to. Accordingly, the subsequent Division Bench sought a reference on the following questions to a Full Bench:
(3.) Having regard to the complexity of the issue, we appointed Adv. Jacob P Alex, as Amicus Curiae.
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