Chandra Prakash Tiwari v. Chetan Gopalprasad Sharma

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 10th October, 2024 CALLED FOR DIRECTION:

5.CHOL/452/2024 In TP/1389/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Sarita Yadav, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon legal heirs of Ramprasad Sharma, who is Paternal Uncle of the deceased, by way of 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 "Yashobhumi" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 29th May, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Petitioner is not aware of the legal heirs of Ramprasad Sharma, who is Paternal Uncle of the deceased. It is further stated that Petitioner had personally tried to find information and addresses of the said legal heirs of Ramprasad Sharma, who is Paternal Uncle of the deceased, but could not get any information regarding their whereabouts. The Applicant therefore requested to permit him to publish the Citation upon legal heirs of Ramprasad Sharma, who is Paternal Uncle of the deceased, by way of substituted service by publishing in two newspapers viz. newspapers viz. ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

"Free Press Journal" in English Language and in "Yashobhumi" in vernacular language i.e. Hindi. 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. Advocate for the Applicant submits that the Petitioner is not aware of the legal heirs of Ramprasad Sharma, who is Paternal Uncle of the deceased. He further submits that the Applicant is not aware of the whereabouts of the said legal heirs. He therefore prays that the Chamber Order be allowed. For the reasons stated in Affidavit dated 29th May, 2024 annexed to the Chamber order and averment made in Para-9 of the Petition, the present Chamber order is granted, and the same is signed separately.

6.

Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Yashobhumi" in Hindi language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

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

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 10.10.2024