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CA/139/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 139 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4724 of 2009
=========================================================
AMITBHAI
HARSHADBHAI PATEL - Petitioner(s)
Versus
GHANSHYAMBHAI
PRABHUDAS PATEL & 15 - Respondent(s)
=========================================================
Appearance
:
MR
BS PATEL for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
16.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 11/01/2010
ORAL
ORDER
1. This
application has been filed with a prayer to permit the applicant
(original petitioner) to serve Notice of Rule to opponent No.1 by way
of affixing the said Notice on a conspicuous part of the house of
respondent No.1, as provided under Order-5 Rule-20 of the Code of
Civil Procedure.
2. I
have heard Mr. Chirag Patel, learned counsel for the applicant. It is
submitted that as per the report of the bailiff, the respondent No.1
has gone with his family to the United States of America and in spite
of best efforts, the applicant has not been able to gather any
information regarding the whereabouts of respondent No.1 in the
United States of America, therefore, the prayer made in the
application may be granted.
3. Having
heard the learned counsel for the applicant, and having perused the
averments made in the application, it appears that the applicant has
made efforts to gather information regarding the whereabouts of
respondent No.1 in the United States of America, but has not been
able to do so, therefore, the prayer made in the application deserves
to be granted.
4. Accordingly,
the application is allowed. The applicant is permitted to affix the
notice on a conspicuous part of the house of respondent No.1, as per
law. The application is disposed of, as above.
(Smt.
Abhilasha Kumari, J.)
Safir*
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