Bombay High Court

VAIBHAV DADARAO TARALversusSITARAM RAMSHARAN YADAV AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that service of notice by newspaper publication is permissible where personal service cannot be effected.

Summary

Vaibhav Dadarao Taral filed a civil application seeking to serve notice on Respondent No.1, who could not be served by regular means. The applicant requested that the court order service by publication in a widely circulated newspaper. The learned counsel argued that regular service was ineffective, justifying the alternative method. The court examined whether service by newspaper publication is permissible under the procedural rules when personal service fails. Finding the applicant's reasons satisfactory, the court allowed the application, directing that notice be published in the Daily Tarun Bharat (Mumbai/Thane) and listed both appeals for hearing on 22 April 2026.

Issues considered

Whether a court may order service of notice by newspaper publication when regular service is not possible

Subjects

service of process
notice by publication
civil procedure
High Court of Bombay
alternative service

Judgment

                                       1                             960.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                  960 FIRST APPEAL NO. 808 OF 2023

                        VAIBHAV DADARAO TARAL
                                 VERSUS
                SITARAM RAMSHARAN YADAV AND ANR
                                    ...
Advocate for Appellant : Mr. Madhav M. Bhokarikar.
Advocate for Respondent No.2 : Mr. Rohit H. Dahat.
                                    ...

                               WITH
                    FIRST APPEAL NO. 809 OF 2023

                                WITH
                 CIVIL APPLICATION NO. 1088 OF 2026
                            IN FA/808/2023

                        VAIBHAV DADARAO TARAL
                                 VERSUS
                SITARAM RAMSHARAN YADAV AND ANR
                                    ...
Advocate for Applicant : Mr. Madhav M. Bhokarikar.
Advocate for Respondent No.2 : Mr. Rohit H. Dahat.
                                    ...


                               CORAM : SANJAY A. DESHMUKH, J.
                               DATE        :   28th January, 2026.

P.C.:

CIVIL APPLICATION NO. 1088 OF 2026

1       The learned counsel for applicant pointed out that respondent

No.1 is not served by regular mode. He, therefore, prayed for service

of notice through paper publication.


2       For the reasons stated in the application, the application is

allowed in terms of prayer clause (b) and disposed of.
                                            2                              960.odt



      3     The applicant is permitted to serve unserved respondent No.1 by

      way of paper publication, to be published in a widely circulated daily

      newspaper “Daily Tarun Bharat, Mumbai / Thane”.


      4     List both the appeals on 22nd April, 2026.



                                            [ SANJAY A. DESHMUKH, J. ]
nga

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