The court permitted substituted service via newspaper publication after the applicants demonstrated that the respondent could not be served through ordinary means and their current address was unknown.

IA ORDER

1. Heard learned advocate Ms. Krishna S. Shah appearing for the Applicants.

2. At the outset, learned advocate for the Applicants has tendered draft amendment in the present CA and requested to allow the same. In view of the submission of the learned advocate for the Applicants, the draft amendment is allowed, in the interest of justice. Amendment be carried out forthwith.

3. Perused the Civil Application and record.

4. By way of this application, the Applicants have prayed for permission to serve notice to Opponent No.1 by way of publication in vernacular language in the local newspaper having wide circulation in the area where the said Opponent No.1 has lastly resided, at the cost of the Applicants.

5. The learned advocate for the Applicants has submitted that the order of issuance 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 Opponent No.1 since Opponent No.1 was not found at the given address. That under the circumstances, the Applicants have reason to believe that the aforesaid unserved Opponent No.1 cannot be served in ordinary way. The learned advocate appearing for the Applicants has further submitted that the Applicants are not aware of any fresh address of the aforesaid unserved Opponent No.1 and even after making all sincere efforts, could not be able to procure the present address of the aforesaid unserved Opponent No.1. The learned advocate has also submitted that the address of the aforesaid unserved Opponent No.1 are as mentioned in the cause title of the present Civil Application and in the captioned matter, which is correct as per the Applicants. The learned advocate has also submitted that the aforesaid unserved Opponent No.1 was residing at the address mentioned in the cause title of the captioned matters.

6. Considering the facts and circumstances emerging from the record, prayer for substituted service in terms of prayer para 9(B) of the present Civil Application is permitted. The Applicants are permitted to serve the aforesaid unserved Opponent No.1 by way of publishing the service of notice in Special Civil Application No. 16570 of 2025, in vernacular language in local newspaper having wide circulation in the vicinity where the aforesaid unserved Opponent No.1 was known to have actually and voluntarily resided, carried on business or personally worked for gain.

7. The cost of substituted service shall be borne by the Applicants.

8. 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.

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