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Application Order 5 Rule 20

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IN THE COURT OF MR. SUMEET ANAND, LD.

SCJ-CUM-
RC, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
CS NO. 720/2021

IN THE MATTER OF:-


Om Prakash …. Plaintiff
Versus
Nanak Chand and Ors. …. Defendants

D.O.H. 04.12.2023
INDEX
SR. NO. PARTICULARS PAGE NO.
1. APPLICATION UNDER ORDER 5
RULE 20 READ WITH SECTION 151
CPC FILED BY THE PLAINTIFF
PRAYING FOR SERVICE BY
SUBSTITUTION TO THE LRS. NO.5
(RITU) AND 7 (NEERUPAMA) OF
DEFENDANT NO.1 ALONGWITH
AFFIDAVIT.

Place: New Delhi


Dated:04.12.2023 PLAINTIFF
Through

ALOK KUMAR PANDEY


Advocate for the Plaintiff
R-898, New Rajinder Nagar
New Delhi-110060
IN THE COURT OF MR. SUMEET ANAND, LD. SCJ-CUM-
RC, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
CS NO. 720/2021

IN THE MATTER OF:-

Om Prakash …. Plaintiff
Versus
Nanak Chand and Ors. …. Defendants

D.O.H. 04.12.2023

APPLICATION UNDER ORDER 5 RULE 20 READ WITH


SECTION 151 CPC FILED BY THE PLAINTIFF PRAYING
FOR SERVICE BY SUBSTITUTION TO THE LRS. NO.5
AND 7 OF THE DEFENDANT NO.1

MOST RESPECTFULLY SHOWETH:-

1. That the above case is pending before this Hon’ble Court


and is fixed for 04.12.2023.

2. That the service of the summons has not been effected on


the LRs no.5 (Ritu) and 7 (Neerupama) of the defendant
no.1 so far in the case.

3. That vide order dated 02.12.2021 this Hon’ble court


directed the LR’s no.1, 2 and 3 of the deceased defendant
no.1 to supply the address and details of the remaining
LRs of the defendant no.1.

4. That as per orders of this Hon’ble court summons were


sent to the LRs no. 5 and 7 of the Defendant no.1 by
ordinary process through the court and also by post
several times but the LRs no. 5 and 7 of the Defendant
no.1 is keeping out of the way for the purpose of avoiding
service of the summons so as to delay the case.

5. That the notice in the present suit have been issued to the
LRs no. 5 and 7 of the Defendant no.1 and were received
back un-served on 27.03.2023 with the report that they do
not reside at the given address.

6. That inspite of the best possible efforts, the plaintiff is


unable to trace the fresh address of the LRs no.5 and 7 of
the defendant No.1.

7. That it is difficult to serve the LRs no.5 and 7 of the


defendant No.1 by means of ordinary process, as both of
them are hiding themselves and avoiding any service of
summons.

PRAYER

Under the facts and circumstances as explained herein above


and in the interest of justice it is humbly prayed that the
Hon’ble Court may be pleased to:

i. Order the service to the LR no.5 and 7 of the


defendant No.1 by way of substituted service ordering
the publication of the summons in the newspaper
being published within the jurisdiction of Delhi/New
Delhi.
Any other order or further which this Hon’ble Court may
deem fit and proper may also passed in favour of the
plaintiff and against the defendant.

Place: New Delhi


Dated: 04.12.2023 PLAINTIFF
Through

ALOK KUMAR PANDEY


Advocate for the Plaintiff
R-898, New Rajinder Nagar
New Delhi-110060
IN THE COURT OF MR. SUMEET ANAND, LD. SCJ-CUM-
RC, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
CS NO. 720/2021

IN THE MATTER OF:-


Om Prakash …. Plaintiff
Versus
Nanak Chand and Ors. …. Defendants

AFFIDAVIT
Affidavit of Shri Om Prakash S/o Late Sh. Panchu Ram, R/o
72/2D, Sector-2, Kalibari Marg, New Delhi, Also at Property
No.11659, Ward no.XVI, Plot no.619, Block-U, Gali No.1, Basti
Nagar, Sat Nagar Karol Bagh, New Delhi.

I the above named deponent do hereby solemnly affirm and declare


as under:-

1. That I am the Plaintiff in the above noted matter and well


conversant with the facts of the case and competent to swear
the present affidavit.

2. That the contents of the accompanying application under Order


5 Rule 20 read with Section 151 CPC has been drafted by my
counsel under my instructions and the contents of the same has
been read over to me and the same are true and correct and the
same may be read as part and parcel of the present affidavit and
have not been repeated herein for the sake of brevity.

DEPONENT
VERIFICATION:
Verified at Delhi on this____ day of DECEMBER, 2023 that
the contents of my above affidavit are true and correct to my
knowledge and nothing material has been concealed therefrom.

DEPONENT

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