Bombay High Court

MACHINDRA GOVIND JADHAVversusVIJAY SOPANRAO BANKAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that newspaper publication is a valid mode of substituted service under Order 5 Rule 20 and ordered the petitioner to effect such service at his own cost.

Summary

Machindra Govind Jadhav filed a civil application under Order 5 Rule 20 of the CPC seeking substituted service of court notices on respondents 4 and 6 by publishing them in the Daily Sakal (Nashik edition). Earlier, notices had been served via bailiff as per an order dated 02.07.2025, but the respondents failed to appear. The court examined whether newspaper publication constituted valid substituted service when personal service was ineffective. It held that such publication is permissible under the CPC and ordered the petitioner to collect the notices, publish them at his own cost, and submit two copies of the newspaper to the registry. The application was allowed and the civil application was disposed of.

Issues considered

Whether substituted service by newspaper publication is permissible under Order 5 Rule 20 of the CPC when personal service has failed
Whether the court can direct the petitioner to bear the cost of such publication

Legislation cited

Code of Civil Procedure, 1908 — s. Order 5 Rule 20

Subjects

substituted service
newspaper publication
Civil Procedure Code
Order 5 Rule 20
service of notice

Judgment

                                      (1)                        915 CA 3368 OF 2026


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                 915 CIVIL APPLICATION NO. 3368 OF 2026
                             IN WP/1131/2024
                                  WITH
                   CIVIL APPLICATION NO. 4083 OF 2025
                             IN WP/1131/2024
                                  WITH
                     WRIT PETITION NO. 1131 OF 2024

                        MACHINDRA GOVIND JADHAV
                                     VERSUS
                   VIJAY SOPANRAO BANKAR AND OTHERS
                                         ...
Mr. Anil Fulfagar h/f. Mr. G. V. Sukale, Advocate for Applicant
Ms. Anushka Pansare h/f. Mr. D. P. Palodkar, Advocate for Respondent No.1
                                        …

                                 CORAM      : AJIT B. KADETHANKAR, J.
                                 DATE       : 19.08.2026

PER COURT :-

.           This application is filed under Order 5 Rule 20 of the Civil

Procedure Code for effecting service of court notice on respondent Nos.4 and

6 by taking recourse to substituted service and by publishing the court notices

in the newspaper widely circulated namely Daily Sakal, Nashik Edition. The

record reveals that for some time, notices to respondent Nos.4 to 6 were

awaited. However, there is an endorsement on the record that in view of the

order dated 02.07.2025, notices issued to respondent Nos.4 to 6 are served as

per the bailiff report. It appears that thereafter, nobody has appeared for those
                                      (2)                        915 CA 3368 OF 2026


respondents. In these circumstances, the present Civil Application is filed.


2.          For the reasons stated in the application, the same is allowed in

terms of prayer clause “B”.


3.          The petitioner shall collect the notices to be served on respondent

Nos.4 and 6 from the Registry and shall get the same published in the Daily

Sakal newspaper Nashik Edition, at his own cost. Upon publication of such

notices, two copies of the newspaper shall be submitted to the Registry in

compliance of this order.


4.          Civil Application stands disposed of.




                                                    [AJIT B. KADETHANKAR, J.]
PRW

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