Order 2

Order Details: COPY OF ORDER
Pdf Text: CS. No.2069/24
BRIJ KISHORE TYAGI Vs. ANIL KUMAR
12.11.2024
Present: Sh. Vinay Kumar, Ld. Counsel for plaintiffs with plaintiff no.1 in
person.
Heard.
Perused.
Issue summons for settlement of issues along with notice
of application under Order XXXIX Rule 1 and 2 of CPC to the defendant
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 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.
-- 1 of 2 --
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 defendant, on 21.12.2024.
Divya Gupta
CJ-08 (Central)
12.11.2024/Delhi
-- 2 of 2 --