United India Insurance Co. Ltd. v. Shankar Digamber (Kisan) Jigle And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO.13810/2019 IN FIRST APPEAL NO.4367 OF 2017 UNITED INDIA INSURANCE CO. LTD.

VERSUS

SHANKAR DIGAMBER (KISAN) JIGLE AND ORS ...

CORAM:

H.M.BHOSALE REGISTRAR (JUDL) DATED: 26/11/2019 1.

This is an application moved by the learned Advocate for the appellant praying to allow substituted service upon respondent no.3 under Order 5 Rule 20 of the Code of Civil Procedure. It is contended that the notice issued to respondent no.3 has returned with the Bailiff report informing that the address of the respondent no.3 is not complete. 2.

Having considered the Bailiff report, it transpires that the Bailiff was unable to trace out residential place of respondent no.3 despite making enquiries in the neighbourhood. 3.

In turn, having regard to the reasons set out in the application, I am satisfied that the appellant has made out a case to invoke the provisions under Order 5 Rule 20 of the Code of Civil 30 CIVIL APPLICATION NO.13810/2019

Procedure. In turn, I pass the following order.

ORDER

Civil Application is allowed in terms of prayer clause B and C. REGISTRAR (JUDL) 30 CIVIL APPLICATION NO.13810/2019