Gujarat High Court
The Oriental Insurance Co.Ltd. vs Desai Jayrambhai Kanjibhai on 22 June, 2021
Bench: N.V.Anjaria
C/FA/20624/2020 IA ORDER DATED: 22/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR SUBSTITUTE SERVICE) NO. 1 of 2021
In F/FIRST APPEAL NO. 20624 of 2020
==========================================================
THE ORIENTAL INSURANCE CO.LTD.
Versus
DESAI JAYRAMBHAI KANJIBHAI
==========================================================
Appearance:
MR RATHIN P RAVAL for the PETITIONER(s) No.
for the RESPONDENT(s) No.
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 22/06/2021
IA ORDER
In this application, the applicant-insurance company has prayed for
substituted service thus, "to direct the registry to issue fresh notice of
Rule in CA No. 2316 of 2020 in F/FA No. 20624 of 2020 and may further
be pleased to allow service of notice of Rule upon respondent no. 1 by
publication in a vernacular language newspaper having wide circulation
at the addresses mentioned in the cause title following the provisions of
Order 5, Rule 20 of the code of Civil Procedure, 1908 at the cost of the
present applicant".
2. Learned advocate Mr.Rathin Raval submitted with reference
to the averments made in the application that the First Appeal filed
against the judgment and award of the Motor Accident Claims Tribunal
was admitted. Respondent No.1 could not be served and has remained
unserved as respondent No.1 was found not staying at the given address.
3. It could be said that the applicant company made reasonable
efforts to serve the notice on the said respondent, but for the bona fide
C/FA/20624/2020 IA ORDER DATED: 22/06/2021
reasons, the applicant has failed to serve. In this view, the present
application under Order V Rule 20, Code of Civil Procedure, 1908
deserves to be considered.
4. Accordingly, substituted service by publication in the
newspaper is permitted. There shall be fresh notice of Rule to the said
respondent No.1, returnable on 27th August, 2021.
5. The notice shall be served by publishing the same in the
vernacular newspaper having wide circulation in the area where the
respondent No.1 was shown to be having address, that is in the district of
Patan. The two newspapers that may be selected by the applicant-
insurance company shall be such having wide circulation in that area.
6. The Registry shall make available the proforma of the notice
to the applicant to be published as above, the cost of which shall be borne
by the applicant-insurance company.
6.1 In the notice that may be published in the two newspapers as
above and to be served upon the said respondent through such mode, it
shall, in addition to other details, also mention that on the returnable date,
that is 28th August, 2021, the appeal shall be posted before this Court and
shall be proceeded with to consider and to be subjected to appropriate
orders in accordance with law, even if the said respondent does not
appear.
7. This application is allowed and disposed of accordingly.
(N.V.ANJARIA, J)
C.M. JOSHI
