Mezjan Jimi Dallas v. Dinshaw Hoshand Dallas

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 06th February, 2025 CALLED FOR DIRECTION:

5.CHOL/66/2025 AMH20240131949C202500004 In TP/4423/2024 Ms. Swati S. Mathkar i/b. Mr. Shirish P. Mathkar, Advocate for the Applicant / Petitioner.

P. C. :

1. The present Chamber Order is taken out to serve the Citation upon Pamela Soli Dallas (Wife of the Brother 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 a newspaper viz. "Daily Mail" in English Language circulated at London U.K..

3.

Perused the Affidavit dated 12th January, 2025 annexed to Chamber Order. It is stated in the said Affidavit that the Soli Hoshang Dallas, brother of the deceased, had married to one Pamela, who was an English Lady and the said Pamela left her matrimonial home in Mumbai about 60 years back and settled down in London U.K.. The said Soli Hoshang Dallas was living all alone and did not have connection with his said Ex-wife. It is further stated that the said Soli Hoshang Dallas, brother of the deceased, died in the year-2011. The Applicant / Petitioner further stated that since the Pamela Soli Dallas left her matrimonial home in Mumbai and settled in London U.K., it is very difficult to trace out her whereabouts and the Applicant ..2/-

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had taken out all necessary steps to find out the whereabouts but could not trace out her whereabouts. The Applicant has requested to permit to publish the Citation in a newspaper viz. "Daily Mail" in English Language circulated at London U.K. by way of substituted service upon Pamela Soli Dallas (Wife of the Brother of the deceased).

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 Soli Hoshang Dallas, brother of the deceased, had married to one Pamela, who was an English Lady and the said Pamela left her matrimonial home in Mumbai about 60 years back and settled down in London U.K. and the said Soli Hoshang Dallas was living all alone and did not have connection with his said Ex-wife. She further submits that the said Soli Hoshang Dallas, brother of the deceased, died in the year-2011. The Ld. Advocate for the Applicant / Petitioner further submits that since the Pamela Soli Dallas left her matrimonial home in Mumbai and settled in London U.K., it is very difficult to trace out her whereabouts and the Applicant had taken out all necessary steps to find out the whereabouts but could not trace out her whereabouts. The Ld. Advocate further submits that the Petitioner be permitted to publish the Citation in a newspaper viz. "Daily Mail" in English Language circulated at London U.K. by way of substituted service upon Pamela Soli Dallas (Wife of the Brother of the deceased).

6.

For the reasons stated in Affidavit dated 12th January, 2025 annexed to the Chamber order and ..3/-

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averment made in Para-8 of the Petition, the Chamber Order is allowed. The Applicant is directed to publish the Citation in a newspaper viz. "Daily Mail" in English Language circulated at London U.K., 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 06.02.2025