Application filed to restore suit dismissed for default; substituted service effected via publication; defendants set ex parte; suit restored and matter remitted for next hearing.
Suit restored to file; hearing fixed for 06.01.2025; defendants to be summoned.
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A.No.3741 of 2024 in C.S. (Comm.Div.) No.245 of 2022
ABDUL QUDDHOSE,J.
As directed by this Court earlier, the applicant/plaintiff has effected substituted service on D4 to D7 by effecting paper publication. Affidavit of service enclosing the paper publication has also been filed. Till date, no one has entered appearance on behalf of D4 to D7. The defendants 1 to 3 were already set exparte by this Court even prior to the order dated 02.04.2024 passed by this Court dismissing the suit for default. Since no one has entered appearance on behalf of D4 to D7 despite effecting paper publication, D4 to D7 are also set exparte by this Court.
2.This application has been filed seeking to restore the suit, which was dismissed for default by this Court on 02.04.2024.
3.This Court is satisfied with the reasons contained in the affidavit filed in support of this application since sufficient cause has been shown by the applicant/plaintiff.
ABDUL QUDDHOSE,J.
vga
4.Accordingly, this application is allowed as prayed for and the suit is
restored to the file of this Court.
5.Registry is directed to print the name of all the defendants on the next hearing date and post the matter on 06.01.2025.
02.12.2024
vga
A.No.3741 of 2024 in C.S. (Comm.Div.) No.245 of 2022
APPLICANT/PLAINTIFF
ABDUL QUDDHOSE
As recorded by the court registry
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