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Order 4

CNR DLCT03000996202304 Oct 2023
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Order 4 · 04 Oct 2023 · CNR DLCT030009962023

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ427/23J P JAIN PAINT CENTRE Vs. PAWAN SETH
04.10.2023
Regular stenographer is on leave today.
Present: Sh. Hemant Chaturvedi, Ld. Counsel for plaintiff(through
VC)
Sh. Raghubir Singh, Ld. Counsel for defendant no. 1.
Ld. Counsel for plaintiff seeks time to file replication to the
written statement filed on behalf of defendant no. 1. Let the same be
filed before NDOH with advance copy to opposite party.
Summons issued to defendant no. 2 received back with the
report that defendant no. 2 resides out of Delhi/out of India. Postal cover
qua service of defendant no. 2 recieved back with the remarks 'addressee
cannot be located'.
The report of service of summons to defendant no. 2
received back does not inspire confidence as the same is ambiguous.
Accordingly, let court notice be issued to concerned
process server directing him to appear in person on NDOH and explain
the reason for filing ambiguous report.
Summons issued to defendant no. 3 received back with the
report that no such person resides at the given address. Postal cover qua
service of defendant no. 3 recieved back with the remarks 'no such
person'.
Ld Counsel for plaintiff submits that defendant no. 2 and 3
are residing at the same address as mentioned in the memo of parties
and are deliberately avoiding the service of summons.
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-2-
Submissions heard.
Let fresh summons be issued to defendants no. 2 and 3 on
filing of PF/RC within 7 days returnable for 09.12.2023. Summons be
also issued by way of affixation in case of refusal or if the defendant is
not found at the given address.
(Umang Joshi)
Civil Judge-04 - THC - Delhi
04.10.2023
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