Trilochan Singh Jabbal @ Dadiyala S/O Dayasingh Dadiyala v. Balwant Singh S/O Shersingh Dadiyala (Dead) Thr. Lrs. Gurucharan Singh Dadiala (Son) and Others

Bombay HC18 Apr 2024CAA/18/2024

Case brief

AI extract

What is this about?

Procedural order in an appeal objecting matter permitting amendment of addresses of certain respondents, allowing substituted service by paper publication under Order V Rule 20 CPC, and directing steps to bring legal heirs on record and remove office objections.

What did the court decide?

Permission to amend cause title with correct addresses; substituted service by paper publication in Lokmat Samachar, Nagpur Edition; four weeks as last chance for compliance.

Trilochan Singh Jabbal @ Dadiyala S/O… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

CAA No. 17/2024 in A.O. No. 28/2023

¶2

Coram : Registrar (Judicial) Dated : 18.04.2024

¶3

This application is taken out for permission to supply correct address of respondent nos. 1(c), 3(b), 8, 10 and 11. That the notices issued to the aforesaid respondents are received back unserved for want of correct address. Thus, the applicant is furnishing correct address of aforesaid respondents. The application is supported by affidavit.

¶4

Since the application is formal in nature and supported by affidavit, the same is allowed. Necessary amendments be carried out in the cause title of the matter. Thereafter office to issue notices to the aforesaid respondents, returnable within six weeks.

¶5

CAA No. 18/2024 in A.O. No. 28/2023

¶6

This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent nos. 2,3(c), 9, 12(a) and 12 (b) by paper publication. It is stated that the notices issued to the aforesaid respondents returned back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. It is stated that the applicant tried

¶7

CAA No. 18/2024 in A.O. No. 28/2023

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//2//

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to search the correct address of the aforesaid respondents, however, the same could not be traced out. Thus, the applicant seeks permission to serve the aforesaid respondents by way of paper publication for further adjudication of the matter.

¶10

Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondents by substituted service on last known address.

¶11

Substituted service be effected upon the aforesaid respondent nos. 2,3(c), 9, 12(a) and 12 (b) by publishing notice in widely circulated local daily newspaper i.e. (“ Lokmat Samachar ” , Nagpur Edition ), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.

¶12

A.O. No. 28/2023

¶13

Counsel for appellant to take steps for bringing legal heirs of respondent no.3 on record in view of order dated 26.06.2023 of the Hon’ble Court (objection no.5a) and also as regards respondent no. 7 whose notice received back unserved sent by Air mail A.D. and remove office objection nos. 1,3, 5b, 8, 17, 18, 19 and 20.

¶14

S.O. four weeks as last chance.

¶15

(D.P. Satawalekar) Dated:18.04.2024 Registrar(Judicial)

¶16

Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 23/04/2024 13:18:13

Trilochan Singh Jabbal @ Dadiyala S/O Dayasingh Dadiyala v. Balwant Singh S/O Shersingh Dadiyala (Dead) Thr. Lrs. Gurucharan Singh Dadiala (Son) and Others

Case brief

What is this about?

What did the court decide?

Trilochan Singh Jabbal @ Dadiyala S/O Dayasingh Dadiyala v. Balwant Singh S/O Shersingh Dadiyala (Dead) Thr. Lrs. Gurucharan Singh Dadiala (Son) and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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