Panna Lal And Others vs Ram Singh And Another
2022 Latest Caselaw 5197 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 169/2016

Panna Lal And Others
                                                                  ----Appellants
                                   Versus
Ram Singh And Another
                                                                ----Respondents

For Appellant(s) : Mr. Pradeep Bochaliya For Respondent(s) : Mr. S.K. Gupta, Sr. Adv. assisted by Ms. Surabhi Agarwal Mr. Rahul Sharma

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

27/07/2022 This first appeal has been filed against the judgment and

decree dated 08.02.2016 passed in civil suit No.34/2013 by

Additional District Judge No.2, Bharatpur whereby and whereunder

the civil suit for partition and permanent injunction was dismissed.

Heard on admission.

Admit.

Respondent No.8 has already put in appearance, no need to

issue notice.

Show cause notices were issued to respondents but the

same have been returned unserved.

Learned counsel for appellants has moved an application

under Order 5 Rule 20 (1A) CPC making a prayer that despite

efforts to serve notices upon unserved respondents, the same

have not served. Respondents are avoiding service of notices,

(2 of 2) [CFA-169/2016]

though their address mentioned in the memo of appeal is correct.

In such circumstances, appellants may be allowed to adopt the

process of substitute service and notices for hearing of the appeal

to unserved respondents through paper publication having widely

circulated in the area.

Though, in the application, prayer has been made to publish

notices only for respondents No.2/1, 2/2, 2/3, 2/4, 3 and 4, this

Court deems it just and proper that since the appeal has been

admitted for hearing, hence notices for hearing of appeal for all

unserved respondents except respondent No.8 be published in

the news paper "Rajasthan Patrika" having circulation in the area

of the address of unserved respondents. The cost of paper

publication shall be borne by appellants.

On furnishing PF notices and cost of paper publication,

notices may be given 'dasti' to learned counsel for appellants in

order to publish the notice in the news paper.

On the stay application, the matter would be heard after

service of notice upon unserved respondents.

Application (I.A.No.1/2022) stands disposed of.

(SUDESH BANSAL),J

TN/52

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