Munibai Chandu Pawar v. Ivy Vincent Dsouza and Anr.
Case brief
What is this about?
Registrar's order on an interim application in a first appeal. Notice to respondent no. 1, returned unserved with the house locked and copy pasted on the door, was held good service under Order V Rule 17 CPC; service of notice on respondent no. 2 was awaited.
What did the court decide?
Service of notice on respondent no. 1 declared good under Order V Rule 17 CPC.
What the court decided
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Interim Application No. 1971 of 2024 in First Appeal (ST) No. 16929 of 2023.
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearance, Court’s orders or directions and Registrar’s orders CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL.II)
Date : 04/07/2024.
None present.
Office remark shows that Notice issued to the respondent no. 1 on 08/04/2024 is returned with Bailiff’s remark dt. 30/05/2024, “At the time of service, respondent no. 1 was not found and his house was found locked. On inquiry, neighbouring person informed that he has gone out and no fixed time of his return. Therefore copy of notice was pasted on the door of the respondent no. 1”.
The report below notice is on affidavit of concerned Bailiff. Hence, service of notice upon respondent no. 1 be treated as good service vide Order V Rule 17 of the Code of Civil Procedure, 1908.
Await service of notice for two weeks for respondent no. 2
Sd/REGISTRAR (JUDL-II)
sat-R(J-II)-04.07.2024
Coram
S. R. Agrawal
Case details
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