Bombay High Court

KHOBRAJI GANESHRAO NARWADE AND OTHERSversusTHE COMMISSIONER OF SUGAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that substituted service by newspaper publication is permissible under the Civil Procedure Code when personal service cannot be effected.

Summary

In a civil application filed by Khobraji Ganeshrao Narwade and others, the petitioner sought permission to serve Respondent No.4 by substituted service through newspaper publication. The petitioner argued that personal service could not be effected despite reasonable efforts. The Court examined whether a court‑ordered newspaper publication could be used as a valid mode of service under the Civil Procedure Code. Relying on the principles governing substituted service, the Court held that such publication is permissible when the respondent cannot be located. Accordingly, the Court ordered that the notice be published in the newspaper “JANSATTA”, which circulates throughout Delhi, at the petitioner’s expense. The application was therefore allowed.

Issues considered

Whether substituted service by newspaper publication is permissible when personal service on the respondent is not possible?

Subjects

substituted service
paper publication
civil procedure
service of summons
High Court
Bombay
Aurangabad

Judgment

2026:BHC-AUG:39583-DB


                                                    *1*                       18-ca-9521-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                               18 CIVIL APPLICATION NO. 9521 OF 2026
                                          IN WP/4255/2025

                            Khobraji Ganeshrao Narwade And Others
                                            VERSUS
                             The Commissioner Of Sugar And Others
                                               ...
                Ms. Payal Wayal h/f. Mr. Vasant D. Salunke, Advocate for
                Applicant
                Mr. N. S. Tekale, AGP for Respondents/State
                Mr. K. J. Suryawanshi, Advocate for Respondent No.3
                                               ...
                                               WITH
                                   WRIT PETITION NO. 4255 OF 2025
                                                 ...
                                      CORAM : NITIN B. SURYAWANSHI &
                                               ABASAHEB D. SHINDE, JJ.
                                      DATE : 29th AUGUST 2026

                P. C. :-

                1.         By this Civil Application, the applicant is seeking service

                on unserved respondent by paper publication.

                2.         For the reasons stated in the Civil Application, the same is

                allowed in terms of prayer clause-A, which reads thus :-

                      “A) The applicant may kindly permit to serve Respondent No.4 by
                      way of substituted service by Paper Publication by way of paper
                      in “JANSATTA” which is circulated at whole Delhi State, at the
                      cost of the Applicants;”




                (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)


                Narwade

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