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2010 Supreme(Bom) 264

V.M.KANADE
Abhiraji Bansraj Singh Deceased – Appellant
Versus
Vimal Narsingh Bahadur Singh – Respondent


Advocates Appeared
Mr. Tejas Vora i/by D.R. Mishra for petitioner in Petition No.70/09. Mrs. Bina S. Shivhare, for petitioner in Petition No.71/09.

Judgment :-

Learned counsel appearing on behalf of the petitioners are challenging the objection raised by the office in respect of the service of citation. The learned counsel appearing on behalf of the petitioners submitted that in the past the procedure which has followed by the office for service of citation was to issue a notice to the legal heirs and next-of-kin of the deceased and if the heirs could not be served by the said process nor could be served through post, in that event, the heirs were served by publication of the citation into newspapers. It is submitted that the citation and process are to be served in the same manner, in view of the provisions of Section 397 to 400 of the Bombay High Court (Original Side) Rules and also in accordance with Rule 445. It is further submitted that the provisions of Rule 1, Order 49 C.P.C. also would be applicable to the Chartered High Court and this Court being Chartered High Court, service of citation could also be made in accordance with the said Rule 1, of Order 49 C.P.C. It is submitted that in view of provisions of Rule 398, citation is also a process issued by this Court and therefore the provisions of Rule 445 were clearly app






















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