Manjula Rani Das vs Deepali Das& Ors
2024 Latest Caselaw 5595 Jhar

Jharkhand High Court

Manjula Rani Das vs Deepali Das& Ors on 11 June, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 S.A. No. 308 of 2006
         Manjula Rani Das                                  .... .. ... Appellant (s)
                                 Versus
         Deepali Das& Ors.                                  .. ... ...Respondent(s)
                     ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

        For the Appellant (s)          :      Mr. J. N. Upadhyay, Advocate
        For the Respondent(s)           :
                     ......

20/ 11.06.2024. Earlier vide order dated 31.08.2022, notice was issued upon the respondents by both processes.

Notice issued upon the respondent nos.4(a) to 4(d) by registered post has not been returned unserved except respondent no.4(c) since deceased, as such, notice issued upon them is declared to be validly served.

With respect to other respondents, service report has been received regarding non-service upon them on the given address.

It is submitted by learned counsel for the appellants that notices have been issued as per the available address in the cause title of the judgment and the parties are deliberately avoiding appearance before this Court on one pretext or the other.

The instant Second Appeal is arising out of a Partition Suit and the parties are related to each other.

Under the circumstance, the appellants are directed to take steps for substituted service of notice upon the other respondents to be published in the local newspaper having wide circulation in the locality of the aforesaid respondents.

The appellants shall furnish the draft notice in the office within two weeks and after the same being verified, they will collect the same for its publication and thereafter supplementary affidavit shall be filed enclosing therewith copy of paper publication.

List this case after six weeks.

(Gautam Kumar Choudhary, J.) Sandeep/

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