Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Legal prerequisites: The publication order is generally made after the court is satisfied that proper notice cannot be served through normal means, and the publication is deemed sufficient for notice to be given ["Cibu Thomas George VS Levyor Anzures Dela Rosa - Kerala"], ["SMT. PREMA B.S. vs SRI. VIJAYA N. - Karnataka"].
Analysis and Conclusion
In legal proceedings, serving notice to respondents is fundamental to ensuring due process and natural justice. But what happens when personal service fails? Courts may turn to paper publication as a form of substituted service. A common question arises: when can paper publication be ordered for issuing notice? This blog explores the conditions, requirements, and pitfalls, drawing from key judicial precedents. Note that this is general information and not specific legal advice—consult a qualified lawyer for your case.
Under the Code of Civil Procedure, 1908 (CPC), particularly Order V Rule 20, courts can permit substituted service, including publication in newspapers, when ordinary service methods prove ineffective or respondents evade service. However, this mode is not a blanket permission. Courts impose strict conditions to safeguard respondents' rights to appear and defend.
The main legal finding is clear: paper publication must specify the date of hearing or appearance. Service is effective only if the publication includes this date and the case is listed before the court on that date. Without these, publication is mere formality and invalid. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329
Failure here leads to rejection of service, potentially setting aside ex-parte orders. Courts criticize over-reliance on publication without compliance, as its purpose is to enable appearance, not bypass justice. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329
In a pivotal ruling, the court examined a publication lacking a hearing date, merely directing appearance within 30 days. It held: such nebulous publication... makes it difficult to consider the respondent sufficiently served. All paper notices must inevitably indicate the date for the appearance of the respondent and that the case should be listed before the court on that date. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329
The court rejected the service memo, granting time for fresh service, and directed registries to include hearing dates in future notices. This underscores procedural rigor.
Service via paper is deemed effective only post-listing on the specified date. Absent a date, respondents can't know when to appear, undermining fairness. Improper publication invites challenges, like restoration applications or appeals, delaying proceedings. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329
In another instance, courts rejected sufficiency when publication details weren't filed or proven. New India Assurance Co. Ltd. , Secundarabad Branch VS Sri Afroz Khan - 2009 0 Supreme(Kar) 918
Judicial trends reinforce these rules across contexts:
Statewide Publication for Societies: For entities like societies with members across districts, courts upheld notices in all relevant areas but allowed cost-effective newspapers. This balances reach and expense. KERALA RETAIL FOOTWEAR ASSOCIATION (KRFA) vs KERALA RETAIL FOOTWEAR ASSOCIATION (KRFA) - 2025 Supreme(Online)(Ker) 58435
Pre-Requisites for Substituted Service: Before paper publication, parties must furnish correct addresses under Order VI Rule 14-A CPC. Skipping this voids ex-parte decrees. In a partition suit, the High Court set aside a decree for non-compliance, remanding for fresh trial. Kasturibai VS Kantabai W/o Late Devindrappa Guddadagi - 2024 Supreme(Kar) 135
Permission for Publication: Courts grant leave for publication in specific dailies, like Makkal Kural or Times of India, after showing cause, especially for non-appearing respondents. D.GNANAPRAKASH vs MICHAEL DOSS - 2026 Supreme(Online)(Mad) 1045OFFICIAL LIQUIDATOR OF M/S BROADCAST INFRATEL INDIA PRIVATE LIMITED vs RANA KUMAR - 2025 Supreme(Online)(Kar) 36967
Auction Notices: Even for auctions post-license expiry, publications must comply procedurally, allowing affected parties to participate. B. R. Umapataiah VS State of Karnataka - 2023 Supreme(Kar) 1245
Limits on Authority: Unauthorized court staff can't order publication; only judicial officers can, or proceedings become void ab initio. Amod Kumar Saxena VS Prakash Khandelwal - 2014 Supreme(MP) 320
Not Mere Formality: Newspaper ads alone don't suffice without prior personal service attempts or evasion proof. Substituted service requires justification. SUNITA VS DISTRICT MAGISTRATE, HARIDWAR - 2019 Supreme(UK) 517
These cases highlight that while paper publication is viable, it's a last resort with safeguards.
Generally, lacking a hearing date invalidates service. However, if a respondent fails to appear on a properly scheduled date post-valid publication, courts may proceed ex-parte. Still, initial compliance is key. Financial or geographic challenges (e.g., statewide members) may justify broader publication, but core elements persist. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329KERALA RETAIL FOOTWEAR ASSOCIATION (KRFA) vs KERALA RETAIL FOOTWEAR ASSOCIATION (KRFA) - 2025 Supreme(Online)(Ker) 58435
To ensure effective service:
Courts should verify compliance to prevent invalid orders. Parties: Avoid shortcuts—proper service upholds justice.
Paper publication serves justice when respondents can't be reached otherwise, but demands precision. Courts order it typically after failed ordinary service, mandating hearing dates and listing for validity. Breaches risk procedural nullity, as seen in precedents. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329New India Assurance Co. Ltd. , Secundarabad Branch VS Sri Afroz Khan - 2009 0 Supreme(Kar) 918
Stay informed on evolving rules. For tailored guidance, engage legal experts. This overview aids understanding but isn't advice.
References:1. United India Insurance Company LTD. Reptd. By its Regional Manager. VS Nagarathnamma - 2010 0 Supreme(Kar) 329: Core on hearing date mandate.2. New India Assurance Co. Ltd. , Secundarabad Branch VS Sri Afroz Khan - 2009 0 Supreme(Kar) 918: Service proof importance.3. Others integrated as noted.
#PaperPublication #ServiceOfNotice #CivilProcedure
norms for service of summons have failed, then, the courts can order notice through substituted service by paper publication in a newspaper having wide publication in the country and area where the defendant habitually resides. ... It is submitted that the respondent is a person who is well versed in English language and that in case the notice is taken by substituted service through paper publication, there is every chance that the respondent will r....
By order dated 11.07.2025 this Court allowed the application and permitted the petitioner to take out notice through paper publication fixing the date of hearing as “22.08.2025” and the publication to be made on or before “08.08.2025” ORAL ORDER I.A.No.1/2025 was filed by the petitioner seeking permission to serve notice on the respondent by way of paper publication. ... On 22.08.2025, it was noticed that the petitioner has not comp....
affidavit annexing the paper publication will be filed by the learned counsel. ... learned counsel for the petitioner in C.O.No.37 of 2021 will take substituted service of notice by way of paper publication on behalf of the respondent no.1 within one week after summer vacation and thereafter within two weeks, the paper publication will be made and two weeks further thereafter supplementary ... For the purpose of draft etc. the learned counsel will approach Office with....
It is needless to mention that once the paper publication is accepted by the Court, the draft of the paper publication is accepted and approved and ordered to be published, and the same is taken out by the plaintiff notifying the next date of hearing for appearance and on that date if the defendant ... Plaintiff counsel is present and filed memo along with paper publication dated 25.08.2025 "Vijayavani kannada daily news paper. For appearance of defendant No.2. For ....
This petition has been filed by the petitioner / appellant to permit him to take out paper publication for the 2nd respondent. ... of notice by publication in the Tamil Daily Makkal Kural circulating in Chennai District For Petitioner(s): Mr.P.Mani For Respondent(s): Mr.S.Sivakumar for M/s Norton & Grant for R1 R2 – No appearance ORDER p ... The petitioner / appellant is directed to effect paper publication through Makkal Kural, Tamil Daily circulating at Chennai Di....
This petition has been filed by the petitioner / appellant to permit him to take out paper publication for the 3rd respondent. ... of notice by publication in the Tamil Daily Makkal Kural circulating in Chennai District For Petitioner(s): Mr.P.Mani For Respondent(s): Mr.S.Sivakumar for M/s Norton & Grant for R1 Mr.S.Mahimai Raj for R2 R3 – No appearance ORDER p class="sub_para ... The petitioner / appellant is directed to effect paper publication through Makkal Kura....
ORDER 1. Learned HCGP accepts notice for respondent No.1. Sri.Mahesh.S, learned counsel accepts notice for respondent No.2. 2. ... The said period having expired on 31.03.2023, the impugned paper publication has been issued calling for auction. ... The contention of the petitioners is that even before the expiry of the period of licence, the respondents are proposing to auction the shops as detailed in the paper publication dated 17.11.2023 at Annexure-A. ... Apart th....
Counsel for the Official Liquidator submits that an application in C.A.No.257/2025 has been filed seeking permission to take out notice to respondent No.1 by way of substituted service through paper publication in “The Times of India" English daily newspaper, Patna Edition. ... Being satisfied with the cause shown in the application, the applicant/ Official Liquidator is permitted to take out notice to respondent No.1 - Sri.Rana Kumar S/o Vijay Kumar Singh by way of substituted service through paper #....
Code of Civil Procedure, 1908 , in a representative capacity, and the trial court ordered for issuing notice through paper publication in all the districts of the Kerala State, as the 1st respondent is a Society whose members are spread throughout ... Upon perusal, it is revealed that the trial court rightly passed the order for issuing notice to all the districts in Kerala, as the members of the 1st respondent Society are spread throughout the State. ... However, the....
Thereafter, on 23.10.2013, plaintiffs filed an application under Order V Rule 20 of CPC for the issuance of notice through paper publication to defendants 1 to 6, and the same was allowed by the trial Court. ... Issue paper publication as prayed for, if P.F. paid.” ... Since the trial Court failed to comply with the mandatory provisions before passing the impugned order permitting the plaintiff to serve notice to defendants 1 to 6 through substitute....
When the matter was listed on 17.01.2020, this Court passed following orders:- The draft for publication of notice shall be submitted before the Registry within two weeks and the Registry will approve and hand over the same to the petitioner immediately for paper publication.
The submission of Sri Sandeep Kothari, learned Counsel for the Nagar Nigam, that a newspaper advertisement is sufficient notice, is only to be noted to be rejected. It is not even the case of the Nagar Nigam that any attempt had been made by them, or by the District Magistrate, to effect service of notice individually on the petitioner or that the petitioner had avoided/evaded receipt of such notice, necessitating their being forced to resort to the mode of substituted service of notice through paper publication. In any event, before resorting to the substituted mode of service through paper....
Thereafter, the service of notice upon defendant No. 1 was found to be sufficient after publication of the notice and case has proceeded. 1. The Court has passed the order for publication of the notice. Thereafter, the case was taken up on 3rd October, 2012 and an application was filed by the election petitioner to treat the service of notice sufficient on defendant No.
Even an order passed for issuing notice or paper publication is a quasi judicial order, passed under the provisions of the MP Cooperative Societies Act, and it is only the statutory authority who can pass such an order. The Reader of the Court is not authorized under law to direct for issuing notice or paper publication and if based on these orders any exparte orders are issued, the same also stands vitiated as initiation of the proceedings by issuing notice and directing for paper publication itself is a void order on the directions of an unauthorized person, who....
The proceedings under Section 3(2) is purely procedural and can be justified as exercise of a delegated power under Section 23A. Hearing of objections by the Government under Section 3(3) of the Act is part and parcel of the exercise, while passing an order under Section 3(1). This is distinct and different from issuing a mere paper publication or notice under Section 3(2).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
