Order 1

Order Details: COPY OF ORDER
Pdf Text: CS No.1320/25
SHESH RAJ PATHAK Vs SURENDER KUMAR GUPTA
19.07.2025
Fresh suit (e-filing) received by way of assignment. It be checked and
registered.
Present: Sh. Kamal Nayan Tiwari, Ld. Counsel for plaintiff.
Physical file filed today. Taken on record.
Present is a suit for declaration, mandatory and permanent
injunction.
Perusal of record shows that certain pages starting from page
no.66 to 74 are not legible. Plaintiff is directed to file the legible copies within
three days.
Heard. Perused.
Issue summons for settlement of issues to the defendants
and notice of the application under Order 39 Rule 1 and 2 of CPC (subject
to filing of legible copies) on filing of PF/RC as well as through Speed
Post, returnable for the next date of hearing. Plaintiff is directed to bring
the tracking report of RC and Speed Post along with an affidavit, on the
next date of hearing.
The process server is directed to serve summons strictly as per
the provisions of Order 5 Rule 17 of Code of Civil Procedure. If there is refusal
on behalf of defendant to accept the summons, the process server is directed to
effect the service by way of affixation. If the process server comes to know that
the defendant has shifted from the given address, the process server would try
from the neighbours of the locality to ascertain the fresh/new address where the
defendant has shifted and served summons to the defendant on such address.
If the process server after due diligence is not able to find the address at which
the defendant has started residing after shifting from the given address, the
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process server is directed to effect the service of the summons by way of
affixation on the address on which the summons has been sent. Herein above
direction be specifically mentioned on the summons.
In addition, let summons of the suit be also issued to the
defendant electronically through WhatsApp and email as provided by
the plaintiff on affidavit, for the next date of hearing through the
Nazarat Branch. Plaintiff is directed to provide mobile number as well
as email id of the defendant along with complete plaint and documents
in PDF format and PF to the court staff.
Let steps be taken within seven days by the plaintiff.
Put up for appearance of defendants/further proceedings, on
30.08.2025.
Divya Gupta
CJ-08 (Central)
19.07.2025/Delhi
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