S. Kalirajan, v. Dilawar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.2128 of 2016 S.Kalirajan S/o.Shanmugam Nadar ... Petitioner vs Dilawar ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned X Small Causes Judge, Chennai, passed in M.P.S.R.No.28415 of 2015 in R.C.O.P.No.1461 of 2015 on 25.01.2016. For Petitioner :

Mr.R.Priya Kumar *****

O R D E R

This revision arises against the order of learned X Small Causes Judge, Chennai, passed in M.P.S.R.No.28415 of 2015 in R.C.O.P.No.1461 of 2015 on 25.01.2016.

2. Heard learned counsel for petitioner.

3. Pursuant to Court notice being returned by the bailiff with an endorsement 'door locked and notice affixed' and the private notice sent under registered post being returned with an endorsement 'door locked and information delivered', the Court below directed the petitioner/landlord to effect substituted service. In doing so, it has also required the petitioner/landlord to effect publication in a local daily. In the light of the decision of this Court in Thangamani v. Krishnan [1999 MLJ II 165], the order of the Court below directing paper publication as a means of service would serve no purpose whatsoever. For the said reason, the order of learned X Small Causes Judge, Chennai, passed in M.P.S.R.No.28415 of 2015 in R.C.O.P.No.1461 of 2015 on 25.01.2016, shall stand modified to one of permitting substituted service by way of affixture in the door of the last known address of the respondent.

The Civil Revision Petition is disposed of with the above modification. No costs.

19.07.2016 Note to office:

Issue order copy by 25.07.2016 Index:yes/no Internet:yes gm

To The X Small Causes Judge, Chennai.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.2128 of 2016 19.07.2016