IA ORDER

1. Heard learned AGP Mr. Vishvesh Pujara appearing for the Respondent Nos. 13 to 16. Learned Advocates appearing for the Petitioner and the Respondent No. 6 are absent today.

2. Perused the Civil Application and record.

3. By way of this application, the Petitioner has prayed for permission to serve notice to the unserved respondent Nos. 1, 3, 4, 5, 8 and 9 through substituted service of notice by way of affixation on the conspicuous part of the premise of the aforesaid unserved respondents where the said respondents have lastly resided and also by speed post.

4. The learned advocate for the Petitioner has averred that the order of service of notice was passed by the Hon’ble Court. Thereafter, the matter was adjourned from time to time, however, the notice could not be served qua the unserved respondent Nos. 1, 3, 4, 5, 8 and 9 due to the reasons as stated in the present application. That under the circumstances, the Petitioner has reason to believe that the aforesaid unserved respondents cannot be served in ordinary way. It is further averred in the present application that the Petitioner is not aware of any fresh address of the aforesaid unserved respondents and even after making all sincere efforts, could not be able to procure the present address of the aforesaid unserved respondents.

5. Considering the facts and circumstances emerging from the record and considering the provisions of Order 5, Rule 20 of the CPC, the present Civil Application is allowed and prayer for substituted service in terms of prayer para 7(B) of the present Civil Application is permitted. The Petitioner is permitted to serve the aforesaid unserved respondent Nos. 1, 3, 4, 5, 8 and 9 by way of affixing the service of notice on the conspicuous part of the premise of the aforesaid unserved respondents, where the aforesaid respondents were lastly known to have actually and voluntarily resided and also by speed post.

6. The cost of substituted service through speed post shall be borne by the Petitioner.

7. The aforesaid process of substituted service shall be carried out within 6 weeks from the date of this order. The office shall take all necessary steps in the above regard.

8. Accordingly, the present Civil Application stands disposed of.