Interlocutory orders in a pending writ petition permitting fresh notice on unserved respondents, substituted service by paper publication in a local newspaper under Order V Rule 20 CPC, and time to take steps against deceased respondents.
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CAW No. 2958/2024 in WRIT PETITION NO. 7671/2023
Coram : Registrar (Judicial) Dated :22.11.2024
This application is taken out for permission to issue fresh notice upon respondent nos. 2, 5 and 17. It is stated that the notices issued to the aforesaid respondents returned back unserved for want of time. Thus, the applicant wants to issue fresh notice upon the aforesaid respondents.
Since the application is formal in nature and supported by affidavit, the same is allowed. Office to issue fresh notice upon the aforesaid respondents on given address, returnable within six weeks.
CAW No. 2959/2024
This application is filed under Order 5 Rule 20 of the Code of Civil Procedure, 1908, for substituted service upon respondent nos. 6, 10 to 12 by paper publication. It is stated in the application that the notices issued to the aforesaid respondents received back unserved for want of correct address. It is stated that no other address except the present one is available with the applicant. The applicant further states that to secure
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CAW No. 2959/2024
the effective and urgent service of the notice, it is necessary to serve the above respondent by way of paper publication. The applicant thus prays for substituted service upon aforesaid respondents for effective adjudication of the matter. The application is supported by affidavit.
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 respondent nos. 6, 10 to 12 by publishing notice in widely circulated local daily newspaper i.e (‘ Sakal’ Nagpur Edition ), in terms of Order V Rule 20 (1-A) of CPC, returnable within four weeks from the date of publication of notice.
Pursis St. No. 05/2024, Filed on 19.11.2024.
By way of the present Pursis, the Counsel for petitioner informs that
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Pursis St. No. 05/2024, Filed on 19.11.2024.
respondent nos. 19 and 20 are reported to be dead and presently the petitioner is unable to furnish details of legal heirs of the said respondents for want of details.
In view of the Pursis, four weeks time is granted for taking steps against respondent nos. 19 and 20.
(Ravindra M. Sadrani) Dated:22.11.2024 I/c Registrar(Judicial)
Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 30/11/2024 13:37:30
2 provisions across 1 enactments
Ravindra M. Sadrani
As recorded by the court registry
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