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Bombay High Court

SHARDA VIJAY DHIWARversusBEENA RAMAVTAR MAHESHWARI

Decided
Disposal
Disposed Off

Holding

The Court ordered that summons be served on Respondent No.3 by publication in a local newspaper.

Summary

The Applicant filed an interim application seeking permission to serve summons on Respondent No.3 by substituted service through newspaper publication. The summons could not be served at the last known address, which was returned marked 'not found, not residing at given address.' The Applicant asserted that no other address was available and requested the Court's direction for service by publication in a local newspaper. The Court considered whether substituted service by publication was appropriate under the circumstances. It held that the circumstances justified such an order and granted the application. The Court directed the Applicant to publish the summons in a widely circulated local newspaper and to file an affidavit of service thereafter. The matter was adjourned for further hearing on 9th October 2026.

Issues considered

  • Whether the Court may order substituted service of summons by way of newspaper publication when the respondent's address is unknown.

Subjects

  • substituted service
  • service of summons
  • publication
  • civil procedure
  • interim application

Judgment

                                                                         13 - IA-5748-2026.DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION
                      INTERIM APPLICATION NO. 5748 OF 2026
                                       IN
                          FIRST APPEAL NO. 1542 OF 2024

Sharda Vijay Dhiwar                                                            Applicant

      Versus
Beena Ramavtar Maheshwari                                                   Respondent

                                   _______
Mr. Yash Tated i/by Mr. Paresh Thakar, Advocates, for the Applicant.
None for the Respondent.
                                          _______

                                CORAM:          AARTI SATHE, J.

                                DATE:           28th AUGUST 2026.

P.C.
                        INTERIM APPLICATION NO. 5748 OF 2026

1.        This Interim Application is filed by the Applicant seeking permission to effect

substituted service of summons upon Respondent No.3 by way of publication in a

local newspaper.

2.        Learned counsel for the Applicant submits that the summons could not be

served upon Respondent No.3 at the address mentioned in the cause title of the

First Appeal. The summons has been returned unserved with the endorsement

“not found not residing at given address. Hence retruned”. Learned counsel for the

Applicant submits that the said address was the last known address of Respondent

No.3 and that there is no other address available with the Applicant for effecting

service. In the circumstances, learned counsel seeks permission to effect substituted

service by way of publication in a local newspaper. Accordingly, the following order


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                                                                           13 - IA-5748-2026.DOC



is passed:

                       ORDER
i. The Interim Application is made absolute in terms of prayer clause (a).
ii. The Applicant is directed to effect service of summons upon Respondent No.3
by way of publication in a newspaper having wide circulation in the locality.
iii. The Applicant shall file an affidavit of service after publication.


                           FIRST APPEAL NO. 1542 OF 2024

3.        Stand over to 9th October 2026.




                                              (AARTI SATHE, J.)




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