M.Nadarajan v. Perumal
Case brief
What is this about?
C.M.P.s for substituted service via paper publication were dismissed as affidavit reasons were insufficient. Registry directed to issue fresh notice, process batta, and file proof of service by 25.08.2023.
What did the court decide?
Substituted service dismissed; fresh notice at correct address issued; batta to be secured; proof of service to be filed by 25.08.2023.
What the court decided
CMP Nos.17121 and 17123 of 2023
CMP Nos.17121 and 17123 of 2023 in CMSA Nos.22 and 23 of 2009
P.VELMURUGAN. J.
The Civil Miscellaneous Petitions are filed to order substituted service
of notice on the respondents 2 to 4 through paper publication.
- Heard the learned Counsel for the petitioner and perused the
affidavit filed in support of the petitions.
- The reasons stated in the accompanying affidavits are not satisfied.
Hence, the Civil Miscellaneous Petitions are dismissed.
- Issue fresh notice to the correct address of the respondents 2 to 4 (in both cases) returnable in three weeks. Private notice is also permitted and the batta to be paid within three days from today for effecting service on the respondents 2 to 4. Failing to pay the batta within the stipulated time, the appeals shall stand dismissed automatically against the respondents 2 to 4
1/2
Issues for consideration
1 issue framed by the court
Whether the reasons stated in the accompanying affidavits for ordering substituted service through paper publication are satisfied.
Parties & counsel
- applicant
Petitioner
- respondent
Respondents 2 to 4
Coram
VELMURUGAN
Case details
As recorded by the court registry
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