IMPORTANT POINT
Non conformity with statutory format vitiates the published summons.

JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) This appeal is filed against the final judgment and order dated 24.04.2017 passed by the High Court at Calcutta in A.P.O. No.200 of 2017 in C.S. No.15/14 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and affirmed the order dated 18.08.2016 passed by the Single Judge of the High Court in GA No.766 of 2016, in consequence, affirmed the ex-parte decree dated 09.02.2015 in C.S. No.15 of 2014.

3) The controversy involved in the appeal lies in a narrow compass. However, few facts need mention infra to appreciate the controversy.

4) The appellant is defendant No.1 whereas respondent No.1 is the plaintiff and respondent Nos. 2 and 3 are defendant Nos.2 and 3 in the civil suit out of which this appeal arises.

5) The plaintiff (respondent No.1) filed a civil suit being C.S. No 15 of 2014 in the High Court at Calcutta on its original side against the defendants (appellant and respondent Nos.2 and 3) for recovery of Rs.1,43,18,537/-on 13.01.2014. The suit was based on some commercial dealings exchanged between the parties in relation to services and supply of goods etc.

6) It is, however, not necessary for the disposal of this appeal to refer in detail the facts on which the suit was founded to claim the amount in question from the defendants.

7) The summons of the suit was initially sent to the defendants at their place of business mentioned in the cause title of the plaint, which was shown at Aurangabad (MH). Since the defendants were not being served with the ordinary mode of service, the plaintiff sought permission to serve them with the substituted service by way of publication under Order V Rule 20 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code"). The permission was granted to the plaintiff.

8) The summons dated 17.11.2014 was accordingly published in the Times of India (Pune Edition) and Dainik Bhaskar(Aurangabad Edition) on 25.11.2014. The summons, which was published in papers, reads as under:

“Advertisement
The Times of India, Tuesday, Nov. 25, 2014
C.S. No.15 of 2014
IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction Original Side
M/s. Trimurti Cargo Movers Pvt. Ltd. a company incorporated under the Companies Act, 1956 having its registered office at 157-C, Lelin Sarani, Kolkata-700013, Police Station Tal Totlla within the aforesaid jurisdiction and branch office at 305, Shivam Chamber, S.V. Road, Goregaon, Mumbai-400062. – Plaintiff
Versus
1. M/s Auto Cars, a registered partnership firm having its office at Adalat Road, Aurangabad-4310001 outside the aforesaid jurisdiction and branch office at 39-A, Harish Mukherjee Road, Kolkata-700025.
2. Mr. Venugopal Dhoot, Partner of M/s. Auto Cars of Adalat Road, Aurangabad-4310001 outside the aforesaid jurisdiction - Defendants
To,
1. Mr. Venugopal Dhoot, Partner of M/s. Auto Cars of Adalat Road, Aurangabad-4310001.
2. Mr. Raj Kumar Dhoot, Partner of M/s. Auto Cars of Adalat Road, Aurangabad-4310001
Dear Sir,
Notices hereby given under Order V Rule 20 of the Code of Civil Procedure, 1908 that the plaintiff above named had filed a suit against you before this Hon’ble High Court at Calcutta on or about 13.01.2014 inter alia praying for leave under Clause 12 of the Letters Patent, 1865 and claims and reliefs:
(a) A decree of Rs.1,63,34,537/-against the defendant as pleaded in paragraph 14 above;
(b) Interest at the rate of Rs.25% per annum;
(c) Interim interest and interest upon judgment
(h) Such further or other relief(s) on the aforesaid decreetal amount until realization; (d) Receiver;
(e) Injunction;
(f) Attachment;
(g) Costs;
You are hereby required to cause an appearance to be entered for you in the office of the Registrar of this Court within 15 days from the service upon you by way of publication of this summons, exclusive of the day of such service and are summoned to appear before this Court in person or by an advocate of the court to answer the