Final Order 1

Order Details: Chamber summons
Pdf Text: Order on Ch/s no. 707/20.
This is a Chamber summons for substituted service upon defendants no. 1 to 6
and respondents no. 28 to 41. It is contended by the plaintiffs that they tried to
serve copy of Ch/s no. 633/2018 upon defendants no. 1 to 6 and respondents no.
28 to 41 but they could not be served on their last known address. It is therefore,
the plaintiffs are seeking publication of the notice in the Marathi daily news paper
“Navshakti” which is in circulation in the locality where these defendants and
respondents reside.
The defendants no. 7 to 17 have resisted the prayers contending that the
respondents are not necessary or proper parties to the suit, the plaintiffs are
delaying a time bound suit, the addresses of those defendants and respondents are
incorrect and therefore, no purpose will be served by publishing the notice in the
news paper.
After going through the Ch/s and affidavit in reply and hearing both sides, it is
evident that the plaintiffs have filed Ch/s no. 633/2018 to add respondents as
defendants in the suit. It is also the matter of record that proposed respondents no.
18, 19, 20, 21, 22, 23, 24, 25, 26, 27 have appeared by filing vakalatnama of M/s.
Eram Quraishi. Therefore, substituted service upon these respondents is not
necessary.
In the affidavit along with Ch/s, the plaintiffs have stated that they tried to
serve notice to the defendants no. 1 to 6 and respondents no. 28 to 41 on their last
known addresses. But they were not available at the said addresses. From the
above, it appears that the present address of these persons is not available to the
plaintiffs. Due to the above the notices cannot be served in the ordinary way. The
objection to the Ch/s is primarily based on merits of Ch/s no. 633/2018 and the
same cannot be considered for deciding the instant ch/s. Therefore, following order
is passed :
ORDER
1. The Ch/s no. 707/2020 is allowed.
2. The notice of Ch/s no. 633/2018 be served to defendants no. 1 to 6 and
respondents no. 28 to 41 by publication of the notice in Marathi daily news paper
“Navshakti”, a news paper circulating in the locality in which the defendants and
respondents are last known to have actually resided.
3. Next date i.e. 01.04.2021 is fixed for appearance of defendants no. 1 to 6 and
respondents no. 28 to 41.
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