Interim Order 1

Order Details: Chamber summons
Pdf Text: Dt.06/02/2023
Commercial
69/21
CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE
AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Soniya Singh h/f Adv. Rajender Singh Saluja for plff is
present and tendered draft Chamber Summons alongwith
affidavit. O- Leave granted for register Ch/s.
Heard ld adv for plaintiff.
Order passed below Draft Chamber summons.
It is contended that the summons has been sent twice at
the last known address of defendant however, the same
returned unserved with the remarked ‘Left’ or defendant
is not available at the address. She submits that
defendant is deliberately avoiding service. She seeks
leave to serve him through paper publication.
The affidavit of service filed on record reveals that the
service attempted through RPAD has returned unserved
with the remarked ‘Left’ as deft not found the address.
Thus it appears that defendant avoided service. Hence, I
find it just and proper to permit the plaintiff to serve
defendant through paper publication as per rule 20 of
order V of CPC. Hence, the order-
ORDER
1) Draft Chamber summons is allowed.
2) Plaintiff to serve defendant paper publication in two
news papers, one English and another Marathi, having
vide circulation.
3) Plaintiff to file service affidavit accordingly.
4) Draft Chamber Summons disposed of accordingly.
5) Plaintiff to register draft Chamber Summons for
statistical purpose forthwith.
Case is adjourned for affidavit of service to 20-03-2023.
Judge.
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