BOMBAY HIGH COURT - BENCH AT NAGPUR
GOVINDA TUKARAM GAJBHIYE AND OTHERS – Appellant
Versus
RUSHIDAS TUKARAM GAJBHIYE (dead) AND OTHERS – Respondent
CAS 726/2022
CAS No.726/2022 in CAS No. 79/2021
in Second Appeal St. No. 12062/2020
Coram : Registrar (Judicial)
Dated : 14.07.2022.
This application is filed under
Order V Rule 20 of the Code of Civil
Procedure, 1908, for substituted service
upon
respondent no. 1(c)
by
substitute service and for permission to
supply correct address of respondent
no. 7. That the notice issued to the
aforesaid respondent no.7 returned
back unserved for want of correct
address. Thus, the applicant is
furnishing correct address of aforesaid
respondent no.7.
It is also stated that the
notice issued to the respondent no. 1(c)
also returned back unserved for want of
correct address. Inspite of best efforts,
the applicant could not be able to trace
the correct address of respondent no. 1
(c). As such, the appellant wants to
serve the respondent no. 1 (c) by
substituted service by affixing the copy
of notice on the last known address.
Considering
the
reasons
mentioned in the application and the
bailiff report, the applicant is allowed
to serve the respondent no. 1 (c) by
substituted service.
Since the
application is formal in nature and
supported by affidavit, the same is
allowed.
CAS No.726/2022 in CAS No. 79/2021
in Second Appeal St. No. 12062/2020
//2//
Substituted
service
be
effected upon respondent respondent
no. 1 (c) by affixing copy of notice on
some conspicuous part of his last
known address, as per order V Rule
20(1) of Code of Civil Procedure,
returnable within four weeks.
Necessary amendments be
carried out in the cause title of the
appeal in respect of correct address of
the respondent no.7. Thereafter office
to issue notice to the aforesaid
respondent no.7, returnable within six
weeks.
(A.G. Joshi)
Dated:14.07.2022 Registrar(Judicial)
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