Hemant Gunvantrai Desai v. Hasmukhlal Harilal Jain (Deceased)

ssd Before: E.B. SIVAKUMAR Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th September, 2024 CALLED FOR DIRECTION:

Mr. D. K. Shukla, Adv. for the Petitioner.

P. C. :

1.

The present Chamber Order is taken out to serve the Citation upon Chandreshkumar Vardichand Jain, nephew of the deceased and also upon all concerned of the deceased by way substituted service as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language.

3.

Perused the Affidavit in support dated 19th July, 2024. It is stated in the Affidavit that the deceased died as widower and issueless and the deceased has no surviving legal heirs. It is further stated that the deceased has one brother viz. Chandrakant Harilal Jain, and one sister viz. Smt. Kusum Vardichand Jain nee Kusum Harilal Jain. The brother of the deceased and predeceased the deceased as

Contd.. ..2/- bachelor and sister had predeceased the deceased. The Sister of the deceased had also predeceased the deceased. It is further stated that the sister of the deceased was survived by her on son Chandreshkumar Vardichand Jain, whose whereabouts of is not known to the petitioner. It is further stated that the mother of the deceased is alive but her whereabouts is not known to the petitioner and he has settled permanently elsewhere. He has therefore requested to permit her to publish the Citation in the newspapers "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language.

4.

Perused Para-9 of the Petition, it is mentioned and confirmed that the averment made in the Affidavit in respect of the addresses not known to the Petitioner.

5. Heard. The Ld. Adv. for the Petitioner submits that the whereabouts of the nephew of the deceased is not known to the Petitioner despite diligent search. He further submits that the Chamber Order be allowed and the Petitioner be permitted to publish the Citation in "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language, as and by way of substituted service.

Contd.. ..3/- 6.

For the reasons stated in Affidavit dated 19th July, 2024 and averments made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately.

7.

Publication of Citation to be done in "Free Press Journal" in English Language and in "Nav Bharat" in Hindi language, as and by way of substituted service within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required, with the returnable date.

8. Petitioner to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.09.2024