Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12
CS SCJ 2363/23
Kavita Agarwal Vs. Gayatri Enterprises
19.03.2025
Regular stenographer of this court is on leave today.
Present : Ld. Counsel for plaintiff with plaintiff.
None for the defendant.
Matter is listed for verification of the address(es) of the defendant.
At this stage, an application under Order 6 rule 17 CPC has been filed on
behalf of plaintiff stating
inter alia that another address of the defendant has been found
and therefore, amended memo of parties is sought to be filed.
It is submitted by Ld. Counsel for plaintiff that there is no other amendment
sought in the plaint apart from the address of the defendant.
Heard. For the reasons stated in the application and in the interest of justice,
the application stands allowed and disposed off accordingly.
The amended memo of parties filed by the plaintiff today is taken on record.
Issue summons for settlement of issues to the defendant on the fresh address
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 V 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
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the address at which the defendant has started residing after shifting from the given
address, the 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 case of affixation or where the defendant is not
found, the process server shall remain present in person for recording of his statement, on
the next date of hearing.
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.
Plaintiff is directed to remain present in person on the next date of hearing.
Be put up on 03.06.2025.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
19.03.2025
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