Serving of summons to defendant is with the objective of giving him an opportunity to appear and give his written statement against the claims of the plaintiff. This will ensure a fair trial. Since no action can be taken against the defendant without serving him a summons, at most care should be taken to have the summons served upon him.In this regard the the serving of summons to the defendant who is residing in another state is important to note.
Section 28 of the Code of Civil Procedure deals with this aspect which is very simple. If the defendant is residing in another state, the summons is served through a court ie the court in which the suit is instituted issues the summons to the court in the jurisdiction of which the defendant resides for it to be served upon him.Now the court to which the summons is sent shall proceed as if it had been issued by such court and then return the summons to the court of issue together with the record of its proceedings in this regard.