As per the office report, notices sent through registered post to respondent No.2 have been delivered whereas that of all the other three respondents have been received unserved. So far as the notices sent through ordinary process are concerned, the same have also been received unserved.

¶13

Learned counsel for the petitioner submits that the notices were earlier directed to be served by this Court on Mr. J.K. Bhaiya, the counsel who represented the respondents but the same were refused by him on the pretext that he had pleaded no instructions. Thereafter, the notices which have been sent through registered post as well as ordinary process have been returned with a report that no person with such name resides on the address given, whereas the addresses as submitted are the same which the respondents have submitted before the Trial Court. Counsel submits that there is an intentional evading of service and therefore, he be permitted to serve the notices through the

¶14

[CRES-21/2023]

¶15

(2 of 2)

¶16

local counsel now appearing for the respondents before the Trial Court. He submits that even otherwise copy has been served on the local counsel through WhatsApp.

¶17

In view of the submission made and in view of the statement made by learned counsel for the petitioner that the two addresses on which the notices have been sent to the respondents are the same which have been supplied by them before the Trial Court, let the notices of respondents No.1, 3 and 4 be served through the local counsel appearing for the said respondents before the Trial Court. As informed, the next date fixed before the Trial Court is 05.05.2023. Let the notices be filed today itself and be given 'dasti' to counsel by tomorrow. Notices be served on the local counsel on the next date as fixed before the Trial Court.

¶18

List the matter on 08.05.2023.

¶19

(REKHA BORANA),J

¶20

70-Sachin/-

Mahendra Kumar Singh v. Shanti Devi Rajpurohit

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Mahendra Kumar Singh v. Shanti Devi Rajpurohit

Case brief

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