R.Leela Devi v. Mrs.S.Jayasudha

A.No.797 of 2020 in C.S.No.519 of 2019 A.No.797 of 2020 in C.S.No.519 of 2019 SENTHILKUMAR RAMAMOORTHY, J.

This application is filed for substituted service on the defendant by affixture on CNB and LKR and by publication in one issue of Tamil Daily 'Makkal Kural'.

2. I heard the learned counsel for the applicant.

3. The learned counsel for the applicant submitted that suit summons was ordered on the defendant through the Court as well as privately. The suit summons taken through the Court was returned with an endorsement 'left'. Similarly, private notice taken through Registered Post with acknowledgement due was also returned with an endorsement 'left'. He further submitted that upon enquiry with the other tenant in the said property, the applicant was informed that criminal cases are pending against the defendant and her husband and that therefore, they have vacated the suit property without providing particulars about their current address to any one. 1/2 http://www.judis.nic.in

A.No.797 of 2020 in C.S.No.519 of 2019 SENTHILKUMAR RAMAMOORTHY, J kal

4. I considered the submissions of the learned counsel and examined the affidavit in support of the application.

5. I find from the records that private notice was taken on 07.11.2019 and the same was returned unserved with an endorsement 'left with no intimation so returned to sender'. An affidavit of service dated 18.11.2019 was also filed in this regard. Therefore, I am of the view that this application is liable to be allowed. Accordingly, the applicant is permitted to take Substituted Service by affixure on CNB and LKR and by publication in one issue of Tamil Daily 'Makkal Kural' fixing the date of hearing as 06.03.2020.

6. The Interim order granted earlier is extended until then. 24.02.2020 kal A.No.797 of 2020 in C.S.No.519 of 2019 2/2 http://www.judis.nic.in