Application for substituted service by paper publication on respondent no. 2 after notice was returned unserved with door locked and address unknown. Allowed substituted service on last known address via local newspaper under Order V Rule 20(1-A) CPC.
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CAW No. 2167/2024 in Writ Petition No. 3120/2022
Coram : Registrar (Judicial) Dated :28.08.2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent no. 2 by paper publication. It is stated in the application that the notice issued to the aforesaid respondent received back unserved as door was locked at the time of service. It is stated that despite best efforts, the applicant could not get new address of the respondent and the applicant is not known whreabouts of the respondent. The applicant thus prays for substituted service upon aforesaid respondent for effective 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.2 by publishing notice in widely circulated local daily newspaper where the aforesaid respondent is lastly known to have resided, 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:28.08.2024 Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 04/09/2024 14:48:53
1 issue framed by the court
Whether substituted service by paper publication should be permitted on respondent no. 2 whose notice was returned unserved?
2 provisions across 1 enactments
Applicant
Respondent no. 2
D.P. Satawalekar
As recorded by the court registry
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