Smt Kalawati Devi v. State Bank of India and Anr.
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Regular Appeal No. 22/2016 Date: 03.11.2022
Smt. Kalawati Devi Vs. State Bank of India & Anr.
Present: Shri Rajeev Kumar Ojha, counsel for the appellant, None for the respondent-Bank, Shri D. P. Shukla, counsel for the respondent no. 2,
Perusal of the office report dated 02.11.2022 shows that notice sent to the respondent no. 3 has returned back with endorsement “the said respondent has died”. There is no proof to authenticate the service of notice upon the respondent nos. 4 & 5. No affidavit of service has been filed and the delay condonation and waiver applications are pending consideration.
Let the appellant take fresh steps for service of notice upon the respondent nos. 4 & 5 by publication in newspapers having wide circulation in the area where the said respondents reside and file appropriate application with regard to the legal heirs of deceased respondent no. 3 by the next date. Affidavit of service along with proof of publication be filed by the next date.
List this case on 27.01.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
Parties & counsel
- appellant
Smt. Kalawati Devi
- respondent
State Bank of India
Coram
R. D. Khare
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