Registrar allowed interim application granting leave for substitute service of notice on Respondents 2 and 3 via newspaper publication due to their absence from recorded addresses for 10-20 years.
Substitute service of notice on Respondents 2 & 3 by publication in Jan Pravas and Free Press Journal allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2802 OF 2022 IN
FIRST APPEAL NO. 1257 OF 2016
Office Notice Office Memoranda of Coram Appearances, Court's Orders or directions and Court's or Judge's Orders Registrar's orders Adv. T.J. Mendon present for Applicant. CORAM :- SHRI. S. R. AGRAWAL REGISTRAR (JUDL.-II) Dated :- 1st FEBRUARY , 2023
“This matter has placed for Substitute service by way of the Publication in Newspapers namely, “Jan Pravas” and “Free Press Journal” etc.
Perused records. It appears that Notice of Respondent No.2 returned unserved with bailiff remark dated 24.12.2021 “Not residing at given address since 20 years”. Notice of Repondent No.3 returned unserved with bailiff remark dated 17.12.2021 “Left since 10 years”.
The addresses mentioned in above notices are similar addresses mentioned in Appeal Memo and also in Judgment of the Lower Court.
This is sufficient to allow the application regarding Substitute Service of Respondent Nos. 2 & 3 by way of Paper Publication in Daily Newspapers, namely, “Jan Pravas” and “Free Press Journal”.
In view of this Interim Application for Publication is allowed in terms of prayer clause (a), returnable by 06 weeks.
Sd/Registrar (Judl.- II) apj – R(J-II) – 01.02.2023
1 issue framed by the court
Whether substitute service by publication in newspapers is permissible due to inability to serve respondents at their recorded addresses.
Adv. T.J. Mendon
Respondent No.2
Respondent No.3
S. R. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
