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Madras High CourtA/587/2022dismissed as infructuous

T.J.George v. Sam George

2022-03-14Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 14TH DAY OF MARCH 2022 THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A.No.587 of 2022 in C.S.No.53 of 2015 C.S.No.53 of 2015:- T.J.George, S/o Late T.T.Geroge, No.7, Ist Floor, 41st Street, 6th Avenue Ashok Nagar, Chennai - 600 083.

... Plaintiff -Versus1.Benjamin George, S/o Late T.T.George, No.7, Ist Floor, 41st Street, 6th Avenue Ashok Nagar, Chennai 83.

... Defendant 2.Sam George, S/o Late T.T.George, No.7, Ist Floor, 41st Street, 6th Avenue, Ashok Nagar, Chennai - 83 Temporarliy Residing at 1303, South Wellington PT Road, Makenney Texas, 75070, U.S.A.

... 2nd Defendant *3.B.Ramachandran, S/o A.V.Balakrishnan, No.4, 4th Street, Ashok Nagar, Chennai - 83.

... Defendants

* 3rd defendant impleaded as per order dated 22.11.16 in Application No.4591/16 and time extended as per order dated 27/2/17 in Application No.1236/17.

A.No.587 of 2022:- 1.T.J.George, S/o Late T.T.George, No.7, 1st Floor, 41st Street, 6th Avenue, Ashok Nagar, Chennai - 600 083.

... Applicant Vs.

Sam George, S/o Late T.T.George, No.7, 41st Street, 6th Avenue, Ashok Nagar, Chenna - 600 083.

(Temporarliy Residing at 1303, South Makenney, Wellington PT Road,Texas, USA.

...Respondent

Application praying that this Hon'ble Court be pleased to order substituted service of notice on the 2nd Defendant / respondent. This Application coming on this day before this court for hearing, the court made the following order:- This application has been filed to order substitute of service of notice on the respondent/2nd defendant.

2. Today, when the case is taken up for hearing, the learned counsel for the plaintiff has filed Affidavit of Service, wherein it has been stated that, in the above suit, notice was ordered to the 2nd defendant. The 2nd defendant in the above suit has acknowledged receipt of notice sent by

way of his e-mail ID. The copy of the plaint was also scanned to the email ID of 2nd defendant. The acknowledgment made in the notice together with whatsapp report is filed in proof of service of notice. In view of the same, the application to ordering substituted service is dismissed as infructuous.

3. Post the Civil Suit on 28.03.2022.

Sd./-VBSJ.

14/03/2022 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 23/03/2022