Delhi High Court
Union Bank Of India vs Vijay Pal on 21 April, 2023
Neutral Citation Number 2023:DHC:2801
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.04.2023
+ CM(M) 644/2023
UNION BANK OF INDIA ..... Petitioner
versus
VIJAY PAL ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Vipin Singh, Advocate
For the Respondent : None
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 19856/2023
1. Exemption is allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 644/2023
3. The present petition challenges the order dated 17.12.2022 passed
in M. No. 120/2022 (in Suit No. 391/2019) titled Union Bank of India
vs. Vijay Pal, whereby an application under Order IX Rule 4 read with
Section 151 of CPC, 1908 filed on behalf of the petitioner was
dismissed.
Signature Not Verified
Digitally Signed
Signing Date:26.04.2023
16:18:33
Neutral Citation Number 2023:DHC:2801
4. Learned counsel appearing for the petitioner submits that the
counsel who was originally handling the suit before the learned Trial
Court was in an advanced age and was therefore, unable to take
appropriate steps in time to file the fresh address of the
respondent/defendant for the purposes of filing an application under
Order V Rule 20 of CPC.
5. Learned counsel submits that the bank had, in fact, sought
effecting service upon the respondent/defendant by ordinary process,
however, the same entailed in a failure for the reason that the
respondent/defendant had left the address. Learned counsel submits that
it was not easy for the previous counsel, having regard to his age, to
have found out the address of the respondent/defendant and the said
search entailed some delay.
6. Learned counsel submits that given one chance the petitioner
would take all steps earnestly to ascertain the correct and fresh address
of the respondent/defendant so as to enable the petitioner to file the
application under Order V Rule 20 of CPC.
7. Learned counsel submits that the advance notice of the present
petition in accordance with the notification of this Court was sought to
be effected by way of sending the present petition by speed post, the
proof whereof has been annexed at page 47 to the present petition.
8. On a query, learned counsel submits that the envelope has been
returned back with the endorsement that the addressee has left and
learned counsel submits that the tracking report also confirms the same.
9. Learned counsel has produced, post lunch session, the original
envelope as well as the tracking report generated from the speed post
Signature Not Verified
Digitally Signed
Signing Date:26.04.2023
16:18:33
Neutral Citation Number 2023:DHC:2801
official website showing that the envelope was sent at the correct
address and was returned with the endorsement "left".
10. In that view of the matter, learned counsel submits that the
petitioner may be granted one opportunity to furnish fresh address of the
respondent/defendant so as to enable the petitioner/plaintiff either to
effect service in the ordinary mode or in the alternative to file an
application under Order V Rule 20 of CPC seeking substituted mode of
service.
11. This Court has considered the arguments as also perused the
impugned order passed by the learned Trial Court.
12. It appears from the perusal of the said impugned order as also
from the record that there has been some delay which had occasioned on
the part of the petitioner/plaintiff. However, keeping in view the fact
that the respondent/defendant was not served, despite having
implemented the ordinary procedure under Order V of CPC, the
petitioner/plaintiff could possibly only seek to effect service by way of
substituted mode as stipulated under Order V Rule 20 of CPC.
13. Keeping in view the fact that the respondent/defendant is yet to be
served as also the fact that the copy of the present petition also was
returned with the endorsement "left", this Court is of the considered
opinion that in the interests of justice, one more opportunity can be
granted to the petitioner/plaintiff to effect service upon the
respondent/defendant either by way of ordinary mode, if fresh address is
ascertainable, failing which the petitioner/plaintiff may also be
permitted to effect service by way of substituted mode under provisions
of Order V Rule 20 of CPC.
Signature Not Verified
Digitally Signed
Signing Date:26.04.2023
16:18:33
Neutral Citation Number 2023:DHC:2801
14. In view of the above, the impugned order rejecting the application
under Order IX Rule 4 of CPC is set aside. The suit before the learned
Trial Court is restored to its original number.
15. Learned Trial Court is directed to proceed in accordance with law
at the stage when it was dismissed.
16. In view of the above, the petition is allowed with no order as to
costs.
TUSHAR RAO GEDELA, J.
APRIL 21, 2023
Aj
Signature Not Verified
Digitally Signed
Signing Date:26.04.2023
16:18:33
