Madras High CourtCMP/6422/2022ordered

T.Mallieswaran v. D.Subramanian

2022-04-12Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT THE HON'BLE MR.JUSTICE S.S.SUNDAR CMP.No.6422 of 2022 in SA.No.835 of 2017 1 T.MALLIESWARAN [ PETITIONERS ] 2 M.SANKARAN 3 M.SREEDHARAN 4 M.PARMESHWARAN Vs 1 D.SUBRAMANIAN [ RESPONDENTS ] 2 ANTONY AMMAL Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order substituted service against the 2nd the respondent/2nd respondent in S.A.835 of 2017 by affixture on C.N.B and L.K.R and publication in one issue of any Tamil Daily News Paper having circulation in Chennai City.(CMP.No.6422 of 2022) Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.MOHAN, Advocate for the petitioners, the court made the following order:- This petition is filed to order substituted service against the second respondent in the above appeal.

2. Heard Mr.K.Mohan, learned counsel for the petitioners.

3. Though the affidavit filed in support of the petition does not contain any particulars or the reason as to why the petitioners have filed the petition for substituted service, it is seen from the records that notice sent to second respondent was returned with an endorsement "No such street". The subsequent notice sent to the second respondent was returned with an endorsement "Doors locked". It is in these circumstances, this Court is inclined to allow this petition.

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4. The Civil Miscellaneous Petition is allowed with the following direction:

"The petitioners are directed to effect paper publication in any of the leading newspapers having substantial circulation in and around the locality where the second respondent resides. The paper publication shall be effected on or before 28.04.2022, specifically stating that the second appeal will be listed on 08.06.2022." -sd/- 12/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL JUDGE, CITY CIVIL COURT, CHENNAI.

2 THE I ASSISTANT JUDGE, CITY CIVIL COURT, CHENNAI.

Order in CMP.No.6422 of 2022 in SA.No.835 of 2017 Date :12/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/