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2023 Supreme(Del) 650

TUSHAR RAO GEDELA
Manju Malik – Appellant
Versus
Rohini Heights Residence Welfare Association – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ratnakar Maltiyar and Mr. S. K. Jha, Advs.

JUDGMENT :

Tushar Rao Gedela, J.

The petitioner challenges the order dated 18.03.2023 passed in Civil Suit No. 812/2022 titled ‘Manju Malik v. Rohini Heights Residence Welfare Association’ whereby the learned Trial Court not being satisfied with the service of summons upon the respondent/defendant association has directed the petitioner to serve the summons upon the respondent/defendant association afresh.

2. Learned counsel appearing for the petitioner submits that vide order dated 30.07.2022, learned Trial Court had directed issuance of summons to the defendant on filing PF/RC/Speed Post/AD and posted the matter for 17.10.2022.

3. Learned counsel appearing for the petitioner submits that the learned P.O. was on leave on 17.10.2022 and the matter was posted for 31.01.2023.

4. Learned counsel submits that upon the process fee being filed by the report dated 13.08.2022, the process server has submitted his report that the summons were served upon one Mr. Gaurav, who, according to the report, was an employee of the respondent-Welfare Association. The Process Server has filed report giving positive assertion of service.

5. Not being satisfied with the said report, learned counsel submits th

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