Order 5

Order Details: COPY OF ORDER
Pdf Text: CS (COMM) 220/24
Punjab National Bank Vs. Priyanshu Chijg, Proprietor Of Sahaja
Enterprises
17.12.2024
Present: Shri Deokant Tripathi – Ld. Counsel for plaintiff
alongwith AR Shri Deepak Kumar joined through VC.
One application has been filed for seeking change of AR Shri
Deepak Kumar on the ground that previous AR has been transferred
and in his place Shri Deepak Kumar has been appointed in whose
favour GPA has been executed which is annexed with the application.
Considering the same, the application is allowed. AR is
substituted.
Plaintiff has filed another application under Order 5 Rule 20
CPC for seeking permission to serve the defendant through
publication.
It is averred in the application that plaintiff has taken every step
to serve the defendant through ordinary means but as per the report
received, the defendant has left the said premises long back. It is
further averred that plaintiff have no other address of the defendant
except the one mentioned in the plaint.
I have heard Ld. Counsel for plaintiff, perused the application
as well as the record.
Perusal of the above shows that plaintiff has taken the step to
serve the defendant through ordinary process at the address mentioned
in the plaint, however, summons sent at the address received back
with the endorsement that defendant is not available there and have
left the said premises long back. Plaintiff does not have any other
address of the defendant therefore, it is not possible for the plaintiff to
serve the defendant through ordinary process. Accordingly, application
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filed by the plaintiff under Order 5 Rule 20 CPC is allowed.
Plaintiff is permitted to serve the defendant through publication
in the newspaper namely ‘The Statesman’ of English edition and
‘Rashtriya Sahara’ of Hindi edition having circulation at the address of
the defendant.
Plaintiff shall also serve the defendant through affixation at the
conspicuous place of the premises of the last known address of
defendant on filing PF. Process be given dasti.
Publication charges be deposited by the plaintiff directly with
the newspaper agencies.
Necessary steps be taken within seven days.
Put up on 30.01.2025.
(Pitamber Dutt)
District Judge (Commercial Court-01)
East/Karkardooma Courts-17.12.2024
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