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Order 8

CNR DLCT01018314202417 May 2025
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Order 8 · 17 May 2025 · CNR DLCT010183142024

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) No.: 1283/24
Ved Prakash v. Pampa Barman Sarkar
17.5.2025
Present: Mr. Binod Aggarwal, Advocate for the plaintiff.
Steps not taken on behalf of the plaintiff for getting issued
the summons against the defendants. An application under Order V Rule
20 of CPC is made on behalf of the plaintiff for service of summons
upon the defendants through publication in newspaper. Heard. It is
submitted by counsel for the plaintiff that the summons sent to the
defendant on her last known address have returned unserved and the
plaintiff is not in possession of any other address of the defendant,
therefore, in the interest of justice summons upon the defendant may be
served by way of publication in newspaper Aajkal (Siliguri edition) or
any other newspaper.
I have given thoughtful consideration to the submissions
made by counsel for the plaintiff.
Summons sent to the defendant on her two addresses
provided by the plaintiff have returned unserved. As per the contents of
affidavit filed along with application under Order V Rule 20 of CPC the
plaintiff is not in possession of any other address of the defendant. In the
light of the material before this court, especially the affidavit of the
proprietor of the plaintiff filed along with the application, this court is
Contd...
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satisfied that the summons upon the defendant cannot be served in the
ordinary way. Therefore, the application under Order V Rule 20 of CPC
made on behalf of the plaintiff is allowed and summons are permitted to
be served upon the defendant by way of publication in newspaper
Aajkal, Darjeeling/Siliguri edition.
On filing PF etc. within seven days by the plaintiff issue
summons against the defendant by way of publication in newspaper
Aajkal, Darjeeling/Siliguri edition returnable on 16.7.2025. At the
request of counsel for the plaintiff summons be given dasti for
publication to the plaintiff.
(MANOJ KUMAR-1)
District Judge (Commercial Court)-05
(Central)/ THC/ Delhi/ 17.5.2025
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