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Cibu Thomas George – Appellant
Versus
Levyor Anzures Dela Rosa – Respondent
JUDGMENT :
Anu Sivaraman, J.
1. Heard the learned counsel for the petitioner.
2. It is submitted by the learned counsel for the petitioner that since the respondent is a citizen of the Philippines and is residing in the Philippines and since the petitioner has taken all steps to see that notice to the respondent is duly served, the service of notice could not be effected. It is submitted that it was in the above circumstances that the petitioner filed I.A. No. 1/2023 for effecting notice through substituted service via paper publication through online Hindu newspaper which has circulation in South East Asia. It is submitted that the I.A. was dismissed on the ground that the rules do not permit allowing the said prayer.
3. The learned counsel for the petitioner places reliance on a decision of a Division Bench of this Court in Mohammed Shameer v. T.P. Abdul Majeed, 2022 (2) KLT 79 : 2022 (2) KHC 642 wherein it was held that in a case where the defendant resides outside India, the provisions of Order V, Rule 20 of the Code of Civil Procedure can be invoked with necessary modification and if all other norms for service of summons have failed, then, the courts can order notice through subs
Substituted service of notice is permissible under Order V, Rule 20 of the Code of Civil Procedure when the defendant resides outside India and direct service fails.
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