Gujarat High Court Case Information System
Print
CA/5368/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 5368 of 2011
In
CIVIL
APPLICATION No. 14095 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 3212 of 2010
======================================
NARENDRABHAI
SHANKERLAL BRAHMBHATT & 2 - Petitioners
Versus
KANUBHAI
DHARMESHBHAI BAROT & 2 - Respondents
======================================
Appearance :
MR
YM THAKORE for the Petitioners.
None for the
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 11/05/2011
ORAL
ORDER
1. The
present application has been preferred by applicants herein –
original appellants for permitting them to serve respondent Nos.1 and
2 by substituted service by affixing the summons/ notices of this
Court at the last known addresses of respondent Nos.1 and 2.
2. It
appears that as such earlier this Court passed an order in Civil
Application for substituted service upon respondent Nos.1 and 2 and
Notices had gone to the respondents. However, though the Notices were
required to be affixed at the last known addresses of respondent
Nos.1 and 2, without applying the mind, the bailiff had submitted a
report that respondent Nos.1 and 2 were not found at the given
addresses. It is to be noted that as such respondent Nos.1 and 2 were
not found at the given addresses and not served upon respondent Nos.1
and 2, they were required to be served by affixing Notices at the
last known addresses and, therefore, bailiff was required to affix
the Notices at the last known addresses of respondent Nos.1 and 2,
which is not done.
3. Considering
the above, the present application is allowed and the applicants are
permitted to serve respondent Nos.1 and 2 by substituted service by
affixing the Notices at the last known addresses of respondent Nos.1
and 2. Notice be made returnable on 20th June,2011.
Learned
Principal District Judge, Mehsana is hereby directed to see that the
aforesaid Notices upon respondent Nos.1 and 2 be served by affixing
at the last known addresses of respondent Nos.1 and 2 and such an
endorsement by bailiff that “respondent Nos.1 and 2 were not
found at the given addresses” may not be made by the bailiff.
No costs.
[M.R.SHAH,J]
*dipti
Top