SUBSTITUTED SERVICE APPLICATION FORMAT UNDER ORDER 5 RULE 20 CPC

(SUBSTITUTED SERVICE APPLICATION FORMAT UNDER ORDER 5 RULE 20 CPC)

IN THE COURT OF LD. CIVIL JUDGE, CENTRAL DISTRICT, TIS HAZARI

IA No. XX/XXXX

IN

CIVIL SUIT XX/XXXX

IN THE MATTER OF:

THAKUR BALDEO SINGH                                               ……………..PLAINTIFF

VS.

GABBAR SINGH                                                                 ……………..DEFENDANT

APPLICATION ON BEHALF OF PLAINTIFF FOR SUBSTITUTED SERVICE UNDER ORDER 5  RULE 20 R/W 151   OF THE CODE OF CIVIL PROCEDURE, 1908

MOST HUMBLY SHOWETH:

1. That the captioned suit is pending before this Hon’ble Court and fixed for hearing on xx/xx/xxxx.
2. That this Hon’ble Court was pleased to issue notice to the Defendant in the captioned matter vide order dated xx/xx/xxxx.
3. That  Plaintiff has made every efforts to serve the defendant through registered post as per orders of this Hon’ble Court, despite the same service was not completed.
4. That the Plaintiff had  submitted fresh addresses of the Defendant, even on those addresses service could not completed.
5. That the Registered Post is being returned with remark “addressee not available” in most of cases.  It is evident that the Plaintiff is intentionally and deliberately avoiding service of summons issued by this Hon’ble Court.
6. That under such circumstances the Defendant cannot be served by ordinary service, as such   the Plaintiff  may be permitted to serve the defendant through substituted service i.e. service through publication in newspaper Dainik Jagaran in the area where defendant resides

PRAYER

In light of facts and circumstances of the case it is therefore prayed that this Hon’ble Court may be pleased to:

(i) Allow the Plaintiff to serve the Defendant through substituted service i.e.  service through publication in newspaper  Dainik Jagran in the area where defendant resides

(ii) Pass any other order (s) /direction (s) as this Hon’ble Court may deem fit and proper.

APPLICANT

THROUGH

ADVOCATE

DATE:

PLACE:

Note: The Application for substituted service has to be accompanied with Affidavit.

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