Jyotika Aggarwal v. Late Smt Radhika Aggarwal

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th December, 2024 CALLED FOR DIRECTION:

3.CHOL/552/2024 In TP/1145/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Trisha Ranka i/b. Prerak Choudhary, Advocate for the Applicant / Petitioner.

P. C. : 1. The present Chamber Order is taken out to serve the Citation upon Kapil Aggarwal (Son 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 "Nav Bharat Times" in vernacular language i.e. Hindi.

3.

Perused the Affidavit dated 4th November, 2024 annexed to Chamber Order. It is stated in the said Affidavit that the Citation sent for service upon Mr. Kapil Aggarwal (Son of the deceased), was returned with a Postal remark "Left". It is further stated that the Applicant had taken the efforts to search the alternate address of the said legal heir from relatives but they are not aware about his whereabouts. The Applicant therefore requested to permit her to publish the Citation upon Kapil Aggarwal (Son of the deceased) by way of substituted service by publishing in two newspapers viz. "Free Press Journal" in English Language and in "Nav Bharat Times" in vernacular language i.e. Hindi.

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4.

Perused Para-8 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 Citation sent for service upon Mr. Kapil Aggarwal (Son of the deceased), through the Bailiff was returned with a Postal remark "Left". He further submits that the Bailiff had filed an Affidavit Service dated 3rd October, 2024 and the Applicant had taken the efforts to search the alternate address of the said legal heir from relatives but they are not aware about his whereabouts. She, therefore, prays that the Chamber Order be allowed.

6.

For the reasons stated in Affidavit dated 4th November, 2024 annexed to the Chamber order and averment made in Para-8 of the Petition, the present Chamber order is granted, and the same is signed separately. Publication of Citation to be done in two newspapers viz. (1) "Free Press Journal" in English and (2) "Nav Bharat Times" 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 12.12.2024