The High Court allowed an application for combining the causes of action, setting the respondents exparte for refusing to accept notice or entering appearance despite deemed service via newspaper publication.
Application A.No.804 of 2024 allowed; Respondents 1, 2, 3, 4 set exparte; Registry directed to number the suit.
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A. No.804 of 2024 in C.S. Dr. No.121557 of 2022
A. No.804 of 2024
ABDUL QUDDHOSE, J.
As directed by this Court, the plaintiff has effected the Substituted Service on the respondents 2, 3 and 4. An Affidavit of Service enclosing the Paper Publication has also been filed by the learned counsel for the plaintiff. Despite effecting Substituted Service, till date, no one has entered appearance on behalf of the respondents 2, 3 and 4. The names of the respondents 2, 3 and 4 are also printed in the cause list, today. The 1st respondent has refused to receive the notice as seen from this Court's earlier order, dated 29.02.2024. Refusal to receive the notice will amount to deemed service. Hence, the 1st respondent is set exparte by this Court. The respondents 2, 3 and 4 are also set exparte by this Court as they have chosen not to enter appearance despite the Substituted Service effected on them by the plaintiff through a Paper Publication as directed by this Court.
A. No.804 of 2024
2024 is allowed as prayed for.
19.03.2024
vsi2
A. No.804 of 2024
ABDUL QUDDHOSE, J.
vsi2
A. No.804 of 2024 in C.S. Dr. No.121557 of 2022
19.03.2024
2 issues framed by the court
Whether to allow the application for combining causes of action, setting exparte the respondents who refused notice or declined appearance.
Whether service deemed effected upon the plaintiff's successful filing of an affidavit of substituted service and paper publication.
1 provisions across 1 enactments
Plaintiff
Respondents 1, 2, 3 and 4
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
