Civil applications

Application under Order 5 Rule 20 r/w Section 151 CPC for substituted service by publication with supporting affidavit

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IN THE COURT OF THE LD. DISTRICT JUDGE (Court number (commercial division) COURT), District name DISTRICT, Courts complex name COURTS COMPLEX, City or location

C.S. (COMM.) NO. Commercial suit number OF 2023

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendants' names: DEFENDANTS

D.O.H.: Date of hearing fixed by the court

APPLICATION ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER ORDER V RULE 20 READ WITH SECTION 151 OF THE C.P.C. SEEKING AN ORDER FOR SERVICE BY PUBLICATION

MOST RESPECTFULLY SHOWETH:

1.That the aforesaid commercial recovery suit has been filed by the Plaintiff against the Defendants and is pending before this Hon'ble Court, and the same is fixed for Date of hearing fixed by the court.
2.That this Hon'ble Court was pleased to issue summons to the Defendants through PF/RC; however, notice could not be served, and service was not effected at the address of the Defendants. Despite repeated attempts at service, the Defendants are intentionally and deliberately avoiding service of the summons issued by this Hon'ble Court at their registered address.
3.That the Applicant / Plaintiff has no address of the Defendants other than that appearing in their own records, which is the last known address of the Defendants, and service of summons could not be effected at the said address of the Defendants.
4.In view of the fact that the Defendants could not be served at their address on record through ordinary modes of service, the Plaintiff respectfully submits that the Defendants may be served through substituted service, that is, by way of publication.
5.That it would be in the interest of justice if this Hon'ble Court permits the present application and allows service of the summons upon the Defendants by publication in a newspaper.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to permit substituted service by way of publication, in the interest of justice.

It is prayed accordingly.

Place of signing the applicationAPPLICANT / PLAINTIFF

THROUGH

DATED: Date of application

ADVOCATE

Advocate's name

Advocate's enrolment or chamber details

Advocate's address or contact details


IN THE COURT OF THE LD. DISTRICT JUDGE (Court number (commercial division) COURT), District name DISTRICT, Courts complex name COURTS COMPLEX, City or location

C.S. (COMM.) NO. Commercial suit number OF 2023

IN THE MATTER OF:

Plaintiff's name: PLAINTIFF

VERSUS

Defendants' names: DEFENDANTS

AFFIDAVIT

Affidavit of Mr. Deponent's name, aged about Deponent's age years, AR / Signatory of the Plaintiff company's name, having its registered office at Company's registered office address, do hereby solemnly affirm and state as follows:

1.That I am the AR and Signatory of the Plaintiff company in the above-noted matter and am competent to depose by way of this affidavit in the aforesaid capacity. I am deposing to this affidavit on the basis of the records of the Plaintiff.
2.That the accompanying application under Order V Rule 20 read with Section 151 of the C.P.C. has been drafted under my instructions; the same has been read over and explained to me, and I state that the contents thereof are true and correct.
3.That the contents of the paragraphs of the application are true and correct on the basis of the records of the Plaintiff, which I believe to be correct.

DEPONENT

VERIFICATION

Verified at Place of verification of the affidavit on this Date of verification that the contents of paragraphs 1 to 3 of the above affidavit are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed therefrom.

DEPONENT

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