Himachal Pradesh High Court
Haripriya Mann vs . Sonal Chaudhri Dhillon on 12 July, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Haripriya Mann vs. Sonal Chaudhri Dhillon .
Civil Suit No. 111 of 2021 12.07.2022 Present: Mr. Ajay Kumar, Sr. Advocate with Mr. Rohit, Advocate for the plaintiff.
Mr. Bhupinder Gupta, Sr. Advocate with Mr.Janesh Gupta, Advocate for defendant No.1.
Mr. Surinder Saklani, Advocate for defendant No.2. Defendants No. 3 and 4 are ex-parte vide order dated 30.3.2022.
OMP No. 449 of 2019 This application has been filed seeking permission to serve defendants No. 2, 5 and 6 by way of publication.
After filing of this application, defendant No. 2 has been served and is being duly represented by counsel Mr. Surinder K. Saklani, Advocate. Therefore, learned counsel for applicant/plaintiff has restricted the prayer with respect to service of defendants No. 5 and 6 only.
It has been submitted that address of these defendants is the same as was given in CMPMO No. 515 of 2015 and when notice could not be served on this address, then address of Dalhousie was given, but notice sent on the said address has also been received back as unclaimed with report that these defendants have been married but address of their in-laws has not been disclosed.
It has been submitted that there is no other address of defendants No. 5 and 6 known to plaintiff. Further that defendants No.3 ::: Downloaded on - 13/07/2022 20:02:40 :::CIS and 4, who are real brother and mother of defendants No. 5 and 6 have .
been duly served on the same address of Gurdaspur but they have returned the notices of defendants No. 5 and 6 without disclosing address of in-laws of defendants No. 5 and 6, where they are stated to be residing and it appears and defendants No. 5 and 6 in connivance with defendants No. 3 and 4 are avoiding the service, despite having knowledge of filing of present suit after service of defendants No. 3 and 4.
In aforesaid circumstance, prayer of plaintiff to serve defendants No. 5 and 6 by way of publication in two newspapers i.e. Punjab Kesari (Punjabi) and Tribune (English) having wide circulation in the area of last known address of of defendants No. 5 and 6 is allowed to be effected.
Application stands disposed of.
Civil Suit No. 111 of 2021, Steps for service of defendants No. 5 and 6, in terms of order passed in OMP No. 449 of 2019, be taken within one week.
On taking such steps, service of defendants No. 5 and 6 be effected through publication within four weeks.
List thereafter.
OMP Nos. 472 & 473 of2021 List along with main suit.
July 12, 2022 (Vivek Singh Thakur)
(ms) Judge
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