The court allowed an application for substituted service via newspaper publication to legal heirs of a deceased respondent on file for want of correct address. Service to be effected in local daily newspapers.
Permission granted to serve respondents through newspaper publication 'Deshonnati' and 'Lokmat Times' for four 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.
CAS No. 984/2024 in Second Appeal No. 280/2016
Coram : Registrar (Judicial) Dated : 14.11.2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon proposed legal heirs of deceased respondent no.1 i.e. R. Nos. 1 (i), (ii) & (iv) by paper publication. It is stated that the notice issued to the aforesaid legal heris of respondent no.1 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 his level best to find out correct address of the aforesaid respondents, however, the same could not be found. Thus, the applicant seeks permission to serve the aforesaid respondents 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 respondents by substituted service on last known address.
Substituted service be effected upon the aforesaid legal heirs of respondent no.1 by publishing notice in widely circulated local daily newspapers i.e. ( “Deshonnati” & “Lokmat Times”, Amravati Editions ), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.
(Ravindra M. Sadrani) Dated:14.11.2024 I/c Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 18/11/2024 14:29:34
1 issue framed by the court
Whether the applicant is entitled to permission for substituted service by newspaper publication when notices to legal heirs returned unserved.
2 provisions across 1 enactments
Applicant
R. Nos. 1 (i), (ii) & (iv)
Registrar (Judicial)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
