Proceeding in an appeal regarding substituted service. The Registrar granted permission for substituted service upon respondent no. 3 via newspaper publication due to lack of correct address, returnable within four weeks.
Application allowed; service effected via 'Echo of India, Kolkata Edition' returnable within four weeks.
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CAF No. 722/2024 in FIRST APPEAL No. 1522/2019
Coram : Registrar(Judicial) Dated : 05.03.2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 3 by paper publication. It is stated that the notice issued to the aforesaid respondent 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 further stated that the applicant tried to search new address of the aforesaid respondent, however, the same could not be found. The applicant thus prays for substituted service upon aforesaid respondent. Thus, the applicant seeks permission to serve the aforesaid respondent by way of paper publication for further adjudication of the matter.
Considering the reasons mentioned in the application and the bailiff report, the applicant is allowed to serve aforesaid respondent by substituted service on last known address.
Substituted service be effected upon the aforesaid respondent no. 3 by publishing notice in widely circulated local daily newspaper i.e. (“ Echo of India, Kolkata Edition (West Bengal) , in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.
(D.P. Satawalekar) Dated:05.03.2024 Registrar (Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 16/03/2024 16:55:05
1 issue framed by the court
Whether the court is satisfied to grant permission for substituted service by publication due to inability to locate the respondent.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
