Meena Singh vs Shyama Kant Jha
2021 Latest Caselaw 1018 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 W.P.(C) No. 181 of 2020

Meena Singh                                ...      ...     Petitioner
                                 Versus
1.   Shyama Kant Jha
2.   Shashi Kant Jha
3.   Ravi Kant Jha
4.   Chanda Thakur
5.   Veena Jha                             ...      ...     Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Ranjan Kumar, Advocate For the Respondents :

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Order No. 05 Dated: 01.03.2021

The present writ petition is taken up today through Video conferencing.

The present writ petition has been filed for quashing order dated 13.12.2019 (Annexure-4 to the writ petition) passed by the Sr. Civil Judge-I, Dumka in Title (Execution) Case No. 01/2019, whereby the decree-holder/petitioner has been directed to file fresh requisites with correct address of non-appearing judgment debtors for service of summons through Nazarat rejecting her prayer to take substituted means of service through newspaper publication upon the said judgment-debtors.

2. Heard the learned counsel for the petitioner and perused the content of the writ petition including the impugned order dated 13.12.2019. It appears that in Title (Execution) Case No. 01/2019 filed by the petitioner, the notice issued to the judgment-debtor nos. 3, 4, 5, 7(iv) and 8 to 15 could not be served to them. The petitioner thereafter filed an application dated 06.12.2019 before the said court seeking alternative mode of service of summons upon the said non-appearing judgment-debtors through newspaper publication. The learned court below while rejecting the said prayer of the petitioner has observed in the impugned order dated 13.12.2019 that such an application seeking service of notice upon non-appearing judgment-debtors through newspaper publication is pre-matured and thus has directed the petitioner to file fresh requisites with correct

address of non-appearing judgment debtors for issuance of fresh notice to them.

3. I see no infirmity in the said order of the learned court below as service of notice through alternative mode i.e., through newspaper publication is the last recourse to be taken by the court under Order V Rule 20 (1-A) of CPC. The observation of the learned court below that the said application filed by the petitioner is pre-matured does not suffer from any infirmity. Hence, I find no reason to interfere with the impugned order dated 13.12.2019 passed by the Civil Judge-I, Dumka in Title (Execution) Case No. 01/2019.

4. The writ petition being devoid of merit is accordingly dismissed.

(Rajesh Shankar, J.) Manish