Full Order Text
Final Order 1 · 19 Oct 2019 · CNR MHCC010080142019
Order Details: Chamber summons Pdf Text: 1 IN THE COURT OF SESSION FOR GREATER BOMBAY CHAMBER SUMMONS NO.1438 of 2019 IN S.C.SUIT NO.4832 OF 2010 Harishchandra L.Yadav & Ors. ....Plaintiffs V/s 1. Shardadevi Phekuram Yadav & Ors. .... Defendants APPEARANCE Ld.Advocate Mr.S.P.Srivastava for plaintiff. CORAM : H. H. ADHOC JUDGE SHRI MILIND A. BHOSALE (COURT ROOM NO. 32) DATE : 19th October, 2019 ORDER Perused contention of Chamber Summons @ Affidavit. I have heard Ld. Counsel for plaintiff. It is submitted by the plaintiff that he has filed suit for declaration and injunction against defendant. It is further submitted after filling suit writ of summons were issued it was executed to the defendant on 03.12.2011. However, later on defendant no.1 expired as informed by her advocate and accordingly Chamber Summons was tendered and it was allowed for bringing the legal heir of deceased defendant no.1. It is further submitted that after bring legal representative of deceased on record, writ of summons were issued for his appearance. However, register envelop returned back with remark that she was not found. It is further submitted that plaintiff has attempted to serve writ of summons to bailiff but writ of summons is not executed and she is deliberating avoiding execution of writ of summons. It is further submitted that -- 1 of 3 -- 2 plaintiff that he had made attempted to execute defendant by way of writ of summons on the address of Mumbai and her native place but she is avoiding. Lastly, it is prayed that substitute service of writ of summons be granted and plaintiff be permitted to publish writ of summons in local newspaper. However, the plaintiff has failed to mention the name in which local newspaper the writ of summons would be published. It is to be noted here the plaintiff wants to publish writ of summons in the state of Uttar Pradesh also but failed to provide the name of local newspaper which is circulated in that vicinity. In absence of the specific name of local newspaper in the vicinity in which defendant no.1 resides. It is difficult to pass an order and grant permission to the plaintiff for substitute service. Considering the above said reason I come to conclusion that the plaintiff has failed to detail about local newspaper. Under such circumstance there is no any other alternative in the hands of Court except to pass following order ORDER 1) Chamber summon no. 1438 of 2019 is dismissed with cost. 2) Chamber summons no 1438 of 2019 is disposed of in the above said terms. Date:19/10/2019 (Milind A.Bhosale) AdHoc Judge City Civil & Sessions Court, Gr.Bombay Dictated on : 19/10/2019 Typed on :19/10/2019 H.H.J.Signed on :19/10/2019 -- 2 of 3 -- 3 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 19.10.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) SHRI M.A.BHOSALE (C.R. NO.32) Date of Pronouncement of JUDGMENT/ ORDER 19.10.2019 JUDGMENT/ORDER signed by P.O. on 19.10.2019 JUDGMENT/ORDER uploaded on 19.10.2019 -- 3 of 3 --