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Application Order 5, Rule 20 of C.P.C - Chintamani Patil

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2K views

Application Order 5, Rule 20 of C.P.C - Chintamani Patil

Uploaded by

Nick Roxx
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION THANE

AT THANE

Spcl C.S NO. 649/2019.

Smt. Kavita Kishor Koli. ) -----Plaintiff


V/s
Mr. Bharat Jain and others. ) -----Defendants

Application on behalf of
plaintiff under Order 5, rule 20,
(1A) of C.P.C:

MAY IT PLEASE YOUR HONOUR


The above said matter is fixed on today’s board. As per bailiff report
notice has not served to the defendant No. . The defendants
are deliberately, purposely and intentionally avoiding to accept the
notice/summons issued by this Hon’ble Court at the address mentioned in
the title clause
The address mentioned in the title clause of suit is last known address
of the above mentioned defendant’s.

It is very difficult for the plaintiff to serve summon/notice to the


defendant no. by ordinary mode of service. The plaintiff
has tried to serve summon/notice to the defendant no. by
ordinary course of service, however, since the defendant no. 1a, 1b and 1d
are avoiding to accept notice issued by this Hon’ble Court by ordinary mode
of service, hence this application for grant of permission to serve the
summon/notice to the defendant no. as per provisions of
order 5, rule 20 (1A) of C.P.C.

It is therefore, prayed that Hon’ble Court may be pleased to allow the


plaintiff to serve summon/notice to the defendant no._______________as per
provisions of order 5, rule 20 (1A) of C.P.C by way of pasting on the above
said addresses and publication in local newspaper in the interest of justice.

Thane
Filed in the Court
On 18/03/2023 Plaintiff.

IN THE COURT OF CIVIL JUDGE SENIOR DIVISION THANE


AT THANE
Spcl C.S NO. 649/2019.

Smt. Kavita Kishor Koli) ) -----Plaintiff


V/s
Mr. Bharat Jain and others. ) -----Defendants

AFFIDAVIT IN SUPPORT OF APPLICATION


I, Mr. Age-50 years, Occupation-Business, the Complainant, do hereby state
on solemn affirmation as under: -

1. I say that I have filed an application for issue of summons/notice in a


local newspaper.
2. I say that I have also raised various grounds, contentions, submission
and averments in my said application.
3. I say that averments and contentions raised in the application are
similar in nature.
4. I say that I raised various grounds, contentions, submission and
averments in my application. I further say that I do not want to
reproduce the same contents again here at the cost of repetition,
hence I say that this Hon’ble court be pleased to treat the same as part
and parcel of this affidavit and I hereby adopt, reiterate, affirm and
confirm the same.
5. I say that Hon’ble Court may be pleased to allow me to serve
summon/notice to the Respondent in a local news paper
6. I say that the contents of this affidavit are true and correct and I have
signed this 9th day of October 2023 at Thane.

Identified by me

Advocate Deponent
VERIFICATION
I, Mr., Age-_____ years, the plaintiff above named hereby state on solemn
affirmation that whatever stated hereinabove is true and correct to the best
of my knowledge, belief and I have signed this 18 th day of March 2023 at
Thane.

Filed in Court
On 18/03/2023

Advocate for plaintiff Plaintiff

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