Ashok Ram vs Pradeep Kumar Gupta And Others
2021 Latest Caselaw 4506 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               S.A. No. 16 of 2013

Ashok Ram                                               .....   Appellant
                      Versus
Pradeep Kumar Gupta and others                    ....    ....    Respondents
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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellant              : Mr. Arwind Kumar, Advocate
For the Respondents            :

8/ 30.11.2021      I.A. No.6361/2017

The present interlocutory application has been filed under Order 22 Rule 4 of the CPC for exemption from issuance of notice to non- contesting respondent.

It is submitted that respondent No. 8, namely Punit Gupta, H/o Malti Devi, respondent no.12 Sunita Devi W/o Sanjay Kumar Gupta @ Dhananhai Gupta and respondent no.13, Jyoti Devi, W/o Dhiraj Kumar Gupta and had never contested the case before the trial court and therefore issuance of notice be dispensed from being issued on these respondents.

The instant appeal is arising out of Title Partition Suit No. 16/1999 by Ashok Ram against Sariyu Ram and Others. Defendant Nos. 2 to 7 filed their joint written statement and contested the suit whereas defendant no.8 filed a separate written statement. The name of the parties has not been given in the certified copy of judgment passed in title partition suit. Therefore, it cannot be said whether they were contesting parties.

Under the circumstance, I.A. No.6361/2017 is dismissed. From perusal of office note it appears that the unserved notices have been returned against respondent no.8, 12 and 13 with a report of incomplete address of these parties. Earlier also notices had been returned because of incomplete address.

Under the circumstance, the appellant is directed to effect substituted service of these respondents by paper publication of notice in the daily newspaper widely circulated in the locality of their office/residence.

Office to furnish the draft of notice to the appellant within one week and the appellant to file supplementary affidavit of publication of notice in the daily newspaper within six weeks.

(GAUTAM KUMAR CHOUDHARY, J.)

Tarun