Date: 30-07-2019
Business: None present.
Adv.Vaishali Kurle for plaintiff present.
Adv.for defendant absent.
Peruse chamber summons and affidavit in support of.
Heard, Ld Counsel for plaintiff Adv. Vaishali Kurle.
It is submitted by the plaintiff that the def no. 1 and 2 are residing in the state of Andra Pradesh and according the writ of summons issued against them by way of RPAD. However, the envelope return back with remark that the def no. 1 and 2 left.It is further submitted by her the presence of def no. 1 and 2 is necessary for the purpose of settlement of issue and substitute service for writ of summons may kindly be granted in favour of plaintiff.
Perused roznama in view of order 29.03.2019. Plaintiff has tendered service affidavit on record @ acknowledgement receipt. It shows that the def no. 1 and 2 left their premises. Admittedly the plaintfiff filed suit against them for recovery of claim amount therefore their appearance in the present matter is necessary for settlement of issues when proper service is failed to secure the presence of def.no.1 then the order of substiture service would be required for appearance of def.no. 1 and 2 and Hence, I proceeded to pass following order
ORDER
1) Substitute service of summons for appearance of def no. 1 and 2 is allowed.
2) Plaintiff is permitted to published writ of summons against def no. 1 and 2 in One English and Vernacular newspaper in the local area in which def. no. 1 and 2 resides.
3) In the plaintiff to bear the expenses of paper publication.
4) Chamber summons no. 1421/2019 is allowed in the above terms.
Matter adjd to 18.09.2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 30-07-2019
