Bombay High CourtCAF/2464/2016allowed

Smt. Reshma Raju @ Mohammad Shaikh, And ORS v. Shri. Pandurang M. Chaugule And ANR

2017-01-18Registrar(Judicial Ii Fa)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION C.A.F. NO. 2464 OF 2016 IN F.A. NO. 1352 OF 2013 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.N. MARE REGISTRAR (JUDL-II) Date : 18/01/2017 None present Applicants have taken out this Civil Application to serve Respondent No.1 by mode of publication of notice in local newspaper as provided under Order 5 Rule 20 of C.P.C.

The Applicant alleges that notice sent to Respondent No.1 on his address is received unserved with remark, "incomplete address". However, it only is the address available with applicants and they have no other address of respondent No.1.

Proceeding reveals that the copy of Judgment of the Commissioner is filed wherein same address of ..2..

RJ-2/srk

- 2 - respondent No.1 is mentioned and an Advocate had appeared for him before the Commissioner. This reveals that he was served in the proceedings before the Commissioner on the same address. In view of this, the only mode available to serve Respondent No.1 is by adopting substituted mode of service. Hence, C.A. is allowed in terms of prayer clause.

sd/- REGISTRAR (JUDL-II) RJ-2/srk