Date: 14-11-2019
Business: Adv. Surve for plaintiff present.
Plaintiff tendered register Chamber summons 1830/19
As court busy in passing order in other matter, adjourned to 27.11.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Surve for plaintiff present.
Heard advocate for plaintiff.
Adjourned for Chamber summons 1830/19 for order to 30.11.2019.
Next Purpose: ORDER
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Surve along with Adv. Nitant Seth I/b Nanu Harmsjee and Co. for plaintiffs present.
None present for defendant.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1830 OF 2019
Perused chamber summons, affidavit in support of it and copy of documents.
Heard learned advocate for plaintiffs.
Chamber summons is taken out by the plaintiffs for substituted service of plaint in suit No.5347 of 1984 and notice motion No.2835 of 2019 in said suit upon defendant Nos.1 to 8 and 10 by publishing public notice in two daily newspapers i.e. Free Press Journal and Nav Shakti Marathi. It is their contention that notices have been sent at the addresses of defendants by Registered Post but envelopes were returned either for reason insufficient address, person deceased, unknown, not known and left. Accordingly, they made prayer for substituted service of plaint and notice of motion.
I have also gone through the affidavit of clerk of plaintiff\''s advocate firm. He reiterated the above facts in his affidavit. So far as envelope of defendant No.1 is concerned it returned with remark \''person deceased\''. That being so, question of substituted service relating to deceased defendant does not arise. Therefore, I am not inclined to consider request of plaintiffs for substituted service against deceased defendant No.1.
So far as defendant Nos.2 to 6 are concerned their envelope returned undelivered with remarks \''unknown\'' while that of defendant No.7 returned with remark \''not known\'' and that of defendant Nos.8 and 10 returned with remark \''left\''. In above circumstances it is desirable to permit service of plaint and notice of motion upon defendant Nos.2 to 8 and 10 by substituted service by publication of notice in daily newspapers as mentioned in prayer clause (a). Hence, pass following order
ORDER
1. Chamber Summons No.1830 of 2019 is allowed only in relation to defendant Nos.2 to 8 and 10 in terms of prayer clause (a) on bearing necessary charges by the plaintiffs.
2. Accordingly, chamber summons is disposed off.
Plaintiffs are directed to take appropriate proceeding in relation to defendant No.1 who is reported dead.
Adjourned for compliance to 04.01.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 30-11-2019