Date: 29-07-2019
Business: Adv. Akshay Pawar for plaintiff present.
Defendant absent.
Tender chamber summons for substitute service.
Heard, Ld counsel for plaintiff.
The present notice of motion is pending in the court since 2017.It is submitted by the plantiff as per the order dated 08.07.2016 Notice of Motion No. 1303/2013 is dismissed by the court. And the order dated 08.07.2016 be set aside and notice of motion be restored to the file.
Leave is granted as notice of motion is registered however as per the report submitted by the office dated 27.03.2017 that the defendant left the premises.
Admittedly as per the record the defendant has left his premises since 8 years. His presence is required before the court for settlement of issue. For his presence writ of summons was send through proper channel but because of proper address writ of summons could not be executed by concern official Therefore, to secure the presence of defendant I am of the opinion that issuance of substitute service of writ of summons is requred to the necessary and therefore I proceeded to pass following order.
1) Chamber sumons No. 1161/2019 is allowed.
2) Substitute service by way of paper publication in any two local any newspaper one in English language and other in Vernacular language is allowed.
3) Plaintiff shall bear expenses of substitute service.
4) Chamber summons No. 1161/2019 is disposed of in above terms.
Matter adjd to 19.09.2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 29-07-2019
