Chimanlal Ramji Savla And ORS v. P. Tarachand And ANR

Seema 6. cac 423 of 2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 423 OF 2018 IN CIVIL REVISION APPLICATION NO. 366 OF 2016 Chimanlal Ramji Savla & Ors.

...Applicants

Versus

P. Tarachand & Anr.

...Respondents

---------- Piyush N. Shah - Advocate for the applicant.

None present for the respondents ---------- CORAM : DAMA SESHADRI NAIDU, J.

DATE :17th JUNE 2019.

P.C. :

1.

When the Court tried to serve the notice on the respondents, the notice was returned with bailiff's remarks "Left the said shop long back and present whereabout does not known". Later, out of the two respondents, the second one entered appearance. But the applicant's efforts through the court to serve on the first respondent bore no fruit.

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Seema 6. cac 423 of 2018.doc 2.

In these circumstances, the applicant filed this civil application for the substitute service. The application is allowed; the petitioner is permitted to take out notice through newspaper publication of his choice; i.e. Gujarat Samachar and Free press journal .

[DAMA SESHADRI NAIDU, J.] 2/2