Order 2

Order Details: COPY OF ORDER
Pdf Text: CS No.61/25
RAKESH KUMAR Vs. GOVIND SHARMA
23.04.2025
Present: Sh. Satyapal, Counsel for the plaintiff.
None for the defendant.
As per report of postman ‘No such person’. As per
report of process server, defendant is not residing at the given
address and the mother of defendant told that they have disowned
the defendant. It is stated that no mobile phone number, e-mail
address, contact details or fresh address of defendant is available.
Therefore, plaintiff has moved an application under Order V
Rule 20 CPC for service of summons through substitute modes.
In view of reports, I am satisfied that defendant is avoiding the
process and cannot be served through ordinary process.
Application allowed. Let defendant be served by way of
publication in newspaper ‘Veer Arjun’ - ‘Hindi edition’
circulated in the area of NCT of Delhi on filing of PF. Process be
given dasti and plaintiff may deposit the publication charges
directly to the newspaper agency.
Apart from the publication, as a matter of precaution
summons and notice of interim application be also issued to the
defendant at his last known address with direction to process
server to serve the summons by way of affixation in case of
refusal or non-availability of defendant. Process server is directed
to submit his report alongwith supporting affidavit and some
photographs about the service /affixation of summons.
Contd2/…
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Ld. Counsel for the plaintiff submitted that it is a
suit for specific performance of contract, possession and
permanent injunction in respect of suit property bearing no.
B-357, Out of Khasra No.333, situated in the area Village
Mustafabad, Ilaqua, Shahdara, Delhi abadi known as Gali no.6,
Nehru Vihar, Dayalpur, Delhi-110094. Plaintiff and defendant
had entered into a agreement to sell of the suit property and
plaintiff agreed to purchase the suit property and he has already
made part payment of Rs.15 Lacs to the defendant . It is prayed
that defendant is intentionally avoiding the process and he is
likely to create third party interest in the suit property which will
frustrate the filing of present suit and will cause multiplicity of
litigation. It is submitted that suit property may be protected by
way of ad-interim injunction. Keeping in view the facts and
circumstances of the case and the material on record, all the
parties, their successors, legal heirs, agents and associates etc. are
directed to maintain status quo in respect of suit property bearing
no. B-357, Out of Khasra No.333, situated in the area Village
Mustafabad, Ilaqua, Shahdara, Delhi abadi known as Gali no.6,
Nehru Vihar, Dayalpur, Delhi-110094 till the next date of
hearing. Compliance of order XXXIX Rule 3 CPC be made by
plaintiff within three days at the last known address of the
defendant by way of registered AD/speed post and to file
affidavit of compliance within 7 days.
Put up for following steps:
1) Service of summons upon the defendant.
Contd3/….
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2) Appearance of parties.
3) Filing of written statement and reply to interim application
by defendant within 30 days from date of service of notice.
Advance copy be given to the plaintiff.
4) Filing of replication/rejoinder by plaintiff, if any, at least 7
days prior to next date of hearing by giving advance copy to the
defendant.
5) Arguments on application under Order XXXIX Rule 1 and
2 CPC.
6) Completion of pleadings, admission-denial of documents
and framing of issues.
7) Parties to appear in person to explore the possibility of
settlement.
Copy of order be given dasti.
Put up on 20.05.2025.
(SANJEEV JAIN)
Principal District & Sessions Judge
North-East, Karkardooma Courts,
Delhi/23.04.2025
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