Date: 26-11-2021
Business: Adv.Kanishk Raj h/f. Adv.O.A.Das for plaintiff present.
None present for defendant.
The plaintiff tendered affidavit of service, Exh.7 a/w. writ of summons and bailiff report.
KB
LO at 12.46 pm,
Adv.Kanishk Raj h/f. Adv.O.A.Das for plaintiff present.
The plaintiff filed draft chamber summons a/w. affidavit in support.
O-Leave granted to register draft chamber summons.
Heard the Ld.Adv.for the plaintiff. Following order is passed on draft chamber summons.
ORDER ON CHAMBER SUMMONS
Read the service affidavit Exh.6. The suit summons by RPAD is returned with endorsement \''not known\''. Read the service affidavit, Exh.7. It is returned as \''unserved\'' with the bailiff report stating that Azad Seva Sangh Society is not tressed. Read the documents relied upon by the plaintiff in respect of transaction of loan. Wherein same is the address of the defendant. Therefore, it is the last known address of the defendant. The defendant cannot be served in ordinary mode of service of summons. Hence, the request for service of suit summons by paper publication is required to be allowed. It shall be in addition with service of suit summons by pasting, hence, I pass the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendant by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendant Mr.Akhtar Ali Manzoor Ali Khan resides or carries his business or work for the gain. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the address of the defendant.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through paper publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Nature Of Disposal: ALLOWED
Disposal Date: 26-11-2021
