Final Order 1

Order Details: Other
Pdf Text: 30.11.2019
CS 1830/19
SU 5347/84
(disposed of)
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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