Registrar allowed an interim application permitting substitute service of notices on Respondents 2 and 3 via newspaper publication, as notices were returned unserved due to unknown addresses.
Allow application for substitute service by publication in 'Jan Pravas' and 'Free Press Journal'. Returnable by 06 weeks.
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. 773 OF 2023 IN
FIRST APPEAL NO. 1175 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 27.12.2021 “Not residing at given address”. Notice of Repondent No.3 returned unserved with bailiff remark dated 12.03.2020 “Said flat sold before 8 years ago and at present his residing address not known”.
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 the application for substitute service by publication in newspapers should be allowed given that notices to respondents were returned unserved.
Applicant
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
