IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Misc No. of 2023
In R.S.A.No. 749 OF 2017
Kishori Lal and Others …….Appellants
Versus
Bhikha Ram and others …….Respondents
INDEX
S.NO PARTICULARS DATE PAGE COUR
NO. T FEE
Urgent form 20.04.2023
1. Application under Order 5 Rule 20.04.2023 01-03 3.00
20 of CPC
2. Affidavit 20.04.2023 04
3. Power of Attorney Already on
record
Note : Advance copy supplied to opposite counsel.
NOR : PH223207
CHANDIGARH (NARENDER SINGH KAMBOJ)
ADVOCATE P-1591/2007
DATED: 20.04.2023 COUNSELS FOR THE APPLICANTS
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Misc No. of 2023
In R.S.A.No. 749 OF 2017
Kishori Lal and Others …….Appellants
Versus
Bhikha Ram and others …….Respondents
------------------------------------------------------------------------------------
TOTAL AMOUNT OF COURT FEE: Rs
-------------------------------------------------------------------------------------
NOR : PH223207
CHANDIGARH (NARENDER SINGH KAMBOJ)
ADVOCATE P-1591/2007
DATED: 20.04.2023 COUNSELS FOR THE APPLICANTS
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Misc No. of 2023
In R.S.A.No. 749 OF 2017
Kishori Lal and Others …….Appellants
Versus
Bhikha Ram and others …….Respondents
Application under Order 5 Rule 20 of Civil Procedure
Code for substituted mode of Service by way of
publication to the respondents no. 1(b) (1), 1(b)(2),
1(b)(3) and legal heirs of the respondents no. 7 ,9, 10,
20, 26 to 28, 30, 32, 34, 36, 50, 56, 64, 65, 67, 68, 71
to 75, 98, 109, 116, 125, 127 and 85 in the above said
RSA.
RESPECTFULLY SHOWETH:
1. That the above said appeal is pending in this Hon’ble High Court
and the same is fixed for hearing on dated 09.08.2023.
2. That vide order dated 21.08.2019 this Hon’ble High Court pleased to
issue Notice of Motion in the above said Appeal and hence summon were
issued to the respondents. On dated 22.02.2023 this Hon’ble High Court
pleased to issue the following order :-
“Mr. Ajay Jain, Advocate has appeared on behalf of
respondents No.11,19,25(2), 31,60,70 and 76 by filing memo of
appearance, which be taken on record. He may file vakalatnama
in his favour in the registry by the next date of hearing.
As per office report, respondents No.1(b) (1), 1(b)(2),
1(b)(3) are not residing at the given address whereas
respondents No.2, 3, 41,46,93,101,117,122,124, respondents
No.4, 121, 8, 83, 100, 102, 14(a), 14(c), 16, 21,22,37 to 40,42
to 45, 47 to 49, 53,54, 58 to 62, 69, 89 to 91, 97, 123, 24(c to
e), 25(2), 29(a), 55, 108, 103 (a to c), 112 served but they
have not turned up. They are proceeded against ex parte.
Respondents No.7,9,10,20,26 to 28, 30, 32, 34, 36, 50,
56, 64, 65, 67, 68, 71 to 75,98,109,116, 125,127 and 85 are
reported to have expired. Learned counsel for the appellants
may take appropriate action in the matter and then notice to
unserved respondents be given at their correct latest addressed
to be furnished by learned counsel for the appellants within three
weeks, for 09.08.2023.”
3. That, as per the above said order respondents No.1(b) (1), 1(b)(2),
1(b)(3) are not residing at the given address and this Hon’ble High Court has
directed the learned counsel for the appellants to take appropriate action in
the matter and then notice to unserved respondents be given at their correct
latest addressed to be furnished by learned counsel for the appellants within
three weeks, for 09.08.2023. It is submitted here that the appellant has
tried to find out the address of the above said respondents however not able
to find their addresses. Therefore, the above said respondents are required
to be served through substituted mode of service i.e. through publication in
the local newspapers.
4. That further it is submitted here that as per the above said order
Respondents No.7, 9, 10, 20, 26 to 28, 30, 32, 34, 36, 50, 56, 64, 65, 67,
68, 71 to 75, 98, 109, 116, 125, 127 and 85 are reported to have expired.
The appellant has tried to find out the legal heirs of the above said
respondents, however could not be able to find out the legal heirs of the
above said respondents. Therefore, the legal heirs of the above said
respondents are liable to be served through substituted mode of service of
publication in local newspapers.
5. That it is submitted here that the respondents no. 1(a), 1(c), 1(d), 3,
5 to 7, 10, 12, 13, 15, 17 to 23, 26 to 28, 30, 32 to 53, 55 to 60, 63 to 70,
72 to 75, 77 to 83, 85 to 89, 91 to 97, 99, 100, 106 to 108, 110 to 116, 118
to 122, 125 and 127 are already ex-parte before the ld. Trial court. Hence it
is not possible to find out the address of the above said respondents as they
had left the village and had migrated to some other places for their
employments.
6. That keeping in view the above said facts and circumstances the
necessity has been arisen to serve the above said respondents through
substituted mode of service by way of publication in the local newspapers.
It is, therefore, respectfully prayed that application may
kindly be allowed and the respondents may be served through
substituted mode of Service by way of publication to the respondents
no. 1(b) (1), 1(b)(2), 1(b)(3) and legal heirs of the respondents no.
7, 9, 10, 20, 26 to 28, 30, 32, 34, 36, 50, 56, 64, 65, 67, 68, 71 to
75, 98, 109, 116, 125, 127 and 85 in the above said RSA, in the
interest of justice.
NOR : PH223207
CHANDIGARH (NARENDER SINGH KAMBOJ)
ADVOCATE P-1591/2007
DATED: 20.04.2023 COUNSELS FOR THE APPLICANTS
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Misc No. of 2017
In R.S.A.NO. OF 2017
Kishori Lal and Others …….Appellants
Versus
Bhikha Ram and others …….Respondents
Affidavit of Kishori Lal Bajaj residents and biswedaran of village
Jholari, Tehsil Kosli, District Rewari, at present residing at L-72,
Shyam Park, Nawada Uttam Nagar, New Delhi.
I, the above named deponent do hereby solemnly affirm and
declare as under:-
1. That the accompanied application is being filed in this Hon’ble
Court, which is likely to succeed as per grounds taken therein.
2. That, the deponent has not filed any similar application before
this Hon’ble Courts, Apex Courts or any other court of law.
3. That the deponent has read over the contents of the application
and the same are true and correct to my knowledge and belief and no
part of it is false and nothing has been concealed therein.
CHANDIGARH
DATED:
VERIFICATION:
Verified that the contents of paras No.1 to 3 of the above
affidavit are true and correct to my knowledge. No part of it is false
and nothing material has been concealed therein.
CHANDIGARH
DATED:
