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Bombay High CourtCAA/18/2024allowed

Trilochan Singh Jabbal @ Dadiyala S/O Dayasingh Dadiyala v. Balwant Singh S/O Shersingh Dadiyala (Dead) Thr. Lrs. Gurucharan Singh Dadiala (Son) And Others

2024-04-18Registrar (Judicial)2 pages

CAA No. 17/2024 in A.O. No. 28/2023 Coram : Registrar (Judicial) Dated : 18.04.2024 This application is taken out for permission to supply correct address of respondent nos. 1(c), 3(b), 8, 10 and 11.

That the notices issued to the aforesaid respondents are received back unserved for want of correct address.

Thus, the applicant is furnishing correct address of aforesaid respondents. The application is supported by affidavit.

Since the application is formal in nature and supported by affidavit, the same is allowed. Necessary amendments be carried out in the cause title of the matter. Thereafter office to issue notices to the aforesaid respondents, returnable within six weeks.

CAA No. 18/2024 in A.O. No.

28/2023 This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent nos. 2,3(c), 9, 12(a) and 12 (b) by paper publication. It is stated that the notices issued to the aforesaid respondents returned back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. It is stated that the applicant tried

CAA No. 18/2024 in A.O. No. 28/2023 //2// to search the correct address of the aforesaid respondents, however, the same could not be traced out. Thus, the applicant seeks permission to serve the aforesaid respondents by way of paper publication for further adjudication of the matter.

Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondents by substituted service on last known address.

Substituted service be effected upon the aforesaid respondent nos. 2,3(c), 9, 12(a) and 12 (b) by publishing notice in widely circulated local daily newspaper i.e. ("Lokmat Samachar", Nagpur Edition), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

A.O. No. 28/2023 Counsel for appellant to take steps for bringing legal heirs of respondent no.3 on record in view of order dated 26.06.2023 of the Hon'ble Court (objection no.5a) and also as regards respondent no. 7 whose notice received back unserved sent by Air mail A.D. and remove office objection nos. 1,3, 5b, 8, 17, 18, 19 and 20.

S.O. four weeks as last chance.

(D.P. Satawalekar) Dated:18.04.2024 Registrar(Judicial) Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 23/04/2024 13:18:13