Brajpal Singh vs. Kalyan Singh

Court No. - 36

Case :- WRIT - C No. - 74265 of 2011

Petitioner :- Brajpal Singh Respondent :- Kalyan Singh Counsel for Petitioner :- Y.S.Bohra

Hon'ble Mrs. Sunita Agarwal,J.

Perused the office report dated 25.2.2019. It further appears from the record that the address of respondents is same as has been given by him in an application under Order 9 rule 13 C.P.C. filed on 19.2.2009 which has been registered as Misc. Case No.14 of 2009, to seek recall of the exparte decree.

The respondent has perused the said application before the trial court as also the first appeal from order before first appellate court under Order 43 Rule (1-d) of the Code of Civil Procedure, 1908.

Further from the perusal of the post-office report, it is evident that the defendant-respondent is avoiding the service of summons. The counsel for the petitioner, therefore, is directed to take steps for service of summons on the respondent through publication in two daily newspapers of wide circulation.

Requisite Steps shall be taken by him for the purpose and an affidavit shall be filed by the next date fixed.

List this matter on 27.3.2019.

Interim order granted earlier shall continue till the next date of listing.

Order Date :- 5.3.2019 Jyotsana