IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 1 of 2026 In R/CIVIL REVISION APPLICATION NO. 516 of 2023 ==========================================================

RITABEN DOLARRAI W/O PARINDU K BHAGAT & ANR.

Versus LALMIYA AHMEDMIYA CHAUHAN ==========================================================

Appearance:

NANAVATI ASSOCIATES(1375) for the PETITIONER(s) No. 1,2 ==========================================================

CORAM:ADDITIONAL REGISTRAR (JUDICIAL)

Date : 11/03/2026

IA ORDER

1.

Heard learned advocate Ms. Parcham Jhala for Nanavati Associates appearing on behalf of Applicants/Original Petitioner.

2.

Perused the Civil Application and record.

3.

By way of this application, the Petitioners have prayed for permission to serve notice to Respondent by way of publication in vernacular language in the local newspaper having wide circulation in the area where the said Respondent has lastly resided, at the cost of the Petitioners.

4.

The learned advocate for the Petitioners has submitted that the order of issuance of notice was passed by the Hon’ble Court on 01.01.2024. Thereafter, the matter was adjourned from time to time, however, the notice could not be served to the Respondent since Notice to the Respondent has returned unserved with the endorsement “address incorrect”. That under the circumstances, the Petitioners have reason to believe that the aforesaid unserved Respondent cannot be served in ordinary way. The learned advocate appearing for the Petitioners has further submitted that the Petitioners are not aware of any fresh address of the aforesaid unserved Respondent and even after making all sincere efforts, could not be able to procure the present address of the aforesaid unserved Respondent. The learned advocate has also submitted that the address of the aforesaid unserved Respondent are as mentioned in the cause title of the present Civil Application and in the captioned matter, which is correct as per the knowledge of the Petitioners. The learned advocate has also submitted that the aforesaid unserved Respondent was lastly residing at the address mentioned in the cause title of the captioned matters.

5.

Considering the facts and circumstances emerging from the record, prayer for substituted service in terms of prayer para 11(a) of the present Civil Application is permitted. The Petitioners are permitted to serve the aforesaid unserved Respondent by way of publishing the service of notice in R/Civil Revision Application No.516 of 2023 in view of order dated 01.01.2024, in vernacular language in local newspaper having wide circulation in the vicinity where the aforesaid unserved Respondent were known to have actually and voluntarily resided, carried on business or personally worked for gain. Further, considering the facts and circumstances of the case simultaneously it is also order to serve the notice to Respondent by way of affixation on the conspicuous part of the premise of Respondent, where the aforesaid unserved Respondent was lastly known to have actually and voluntarily resided.

6.

The cost of substituted service shall be borne by the Petitioners.

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.

(M. B. RATHORE)

ADDITIONAL REGISTRAR (JUDICIAL)

CHIRAG PARMAR