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JAMMU AND KASHMIR HIGH COURT
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Sumi Aga v. J. and K. Bank Ltd. and Others
| Table of Content |
|---|
| 1. details of the plaintiff's suit and service issues. (Para 2 , 3 , 5) |
| 2. arguments regarding knowledge of pendency and substituted service. (Para 6 , 11) |
| 3. court's observations on service methods and legality of publication. (Para 7 , 9 , 10) |
| 4. clarifications on rules for substituted service. (Para 8) |
| 5. conclusions on the trial court's order and decree. (Para 12 , 13) |
1.Is service of summons through publication in a daily newspaper without exhausting other modes envisaged in O.5, CPC is permitted; Is the question arising for consideration in this revision.
2. The brief facts of the case may thus be stated that plaintiff J and K Bank filed a suit for recovery of Rs. 385692.15 against the defendants in the High Court. In the absence of the parties this Court by the order dt. 2-8-1995 transferred the suit for disposal under law to the Court of Ld. District Judge Bank cases. Srinagar with a direction that it "shall issue notices to the parties before proceeding further in the case."
3. Ld. trial Court pursuant to the order of this Court by its interim order dated 5-3-1996 ordered for issuance of the notices to the parties through 'Do parat' summons. The counsel for th
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