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Calcutta High Court

Shib Krishna Debutter Estate vs Janab Jalaluddin Ahmed Siddique & Ors on 29 June, 2010

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

                       GA No. 2082 of 2010
                        CS No. 224 of 2009
                IN THE HIGH COURT AT CALCUTTA
                 Ordinary Original Civil Jurisdiction
                          ORIGINAL SIDE


               SHIB KRISHNA DEBUTTER ESTATE
                           Versus
          JANAB JALALUDDIN AHMED SIDDIQUE & ORS.


BEFORE:

The Hon'ble JUSTICE SANJIB BANERJEE

Date : 29th June, 2010.

Appearance:

Mr. D. Dutt, Adv.
The Court : The plaintiff relies on the office report that service of the writ of summons could not be effected on the defendant nos.3, 4, 5 and 6. The defendant nos.1 and 2 have been served. The defendant nos.8 and 9 have also been served and are represented in Court today.
It is submitted by the plaintiff that though the defendant nos.3, 4, 5 and 6 are closely related to the defendant nos.1 and 2, the defendant nos.3, 4, 5 and 6 are apparently disinclined in accepting service though they must be aware of the institution of the suit. 2
Substituted service through publication in "The Statesman"
and "Bartaman" may be effected within a period of four weeks from date.
The plaintiff will also inform the defendant nos.1 and 2 that such defendants should make the defendant nos.3, 4, 5 and 6 aware of the institution of the suit and of the writ of summons having returned unserved and of the present order having been made.
GA No.2082 of 2010 is disposed of without any order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)