Bombay High Court
TANAJI NAMDEO NIKATE AND ANRversusSACHIN LAXMAN MOHOL AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that condonation of delay is permissible and that substituted service by newspaper publication is allowed where personal service cannot be effected.
Summary
The petitioners filed two interim applications in Writ Petition No. 4320/2022. The first sought substitution of the names of the legal representatives of Respondent No.13 and condonation of a 1,213‑day delay. The second sought substituted service of Respondents Nos.9 and 14 by newspaper publication after attempts at personal service failed due to insufficient address details. The Court, applying Order V Rule 20 of the CPC, permitted service on the legal heirs of Respondent No.13 by private as well as regular mode and allowed the petitioners to file an affidavit of service. It also authorized substituted service on Respondents 9 and 14 by publishing a notice in the "Daily Sakal" (Pune edition). Both interim applications were disposed in favour of the petitioners, and the main petition was listed for further hearing on 22 September 2026.
Issues considered
- Whether the Court can condone a delay of 1,213 days for substitution of legal representatives of a respondent.
- Whether substituted service by newspaper publication is permissible under Order V Rule 20 of the CPC when personal service is ineffective.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order V Rule 20
Subjects
- substitution of legal representatives
- condonation of delay
- substituted service
- newspaper publication
- Order V Rule 20 CPC
- interim application
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN
KANCHAN VINOD
MAYEKAR
VINOD
MAYEKAR
Date:
2026.09.09
19:06:01
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4320/2022
ALONGWITH
INTERIM APPLICATION NO. 7048/2026
ALONGWITH
INTERIM APPLICATION NO. 7049/2026
IN
WRIT PETITION NO. 4320/2022
MR. TANAJI NAMDEO NIKATE & ANR. ….. PETITIONERS/
APPLICANTS
VS
MR. SACHIN LAXMAN MOHOL & ORS. ….. RESPONDENTS
Adv. S. S. Patwardhan i/b. Adv. Mrinal A. Shelar for the
Petitioners/Applicants.
Adv. Nikhilesh Pote for the Respondent Nos. 1 to 7.
Adv. Pramod Pawar for the Respondent Nos. 11 and 12.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 8TH SEPTEMBER, 2026
P.C. :-
INTERIM APPLICATION NO. 7048/2026
1) This is an application filed for substitution of names of
the legal representatives of the respondent no.13 by condoning delay
of 1213 days.
2) Issue notice to the proposed legal heirs of the respondent
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no.13 as mentioned in paragraph no.3 of the Interim Application,
returnable on 22nd September, 2026.
3) The petitioners/applicants are permitted to effect service
upon the legal heirs, by private mode in addition to regular mode of
service and file an affidavit of service before next date.
INTERIM APPLICATION NO. 7049/2026
1) This is an application under Order V Rule 20 of CPC, filed
by the petitioners seeking substituted service upon respondent nos. 9
and 14 by way of paper publication.
2) Learned counsel for the petitioners states that the
petitioners have made all the attempts to serve respondent nos. 9 and
14 by sending notices on the addresses which are mentioned in their
‘Registered Address’ form submitted before the Trial Court, however,
the notices are returned with an endorsement of insufficient
addresses. He submits that the said respondents are residing on the
same addresses, but are avoiding service. He also states that the
petitioners/original plaintiffs have already stated in the plaint that
these respondents are formal parties and despite that they need to be
served since they are arrayed as parties to the petition.
3) Considering the reasons mentioned in the application and
submissions advanced, the petitioners are permitted to serve the
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respondent nos. 9 and 14 by way of paper publication by publishing
notice in the newspaper ‘Daily Sakal’, Pune City edition.
4) Interim Application is disposed of accordingly.
WRIT PETITION NO. 4320/2022
1) List the matter for further consideration on 22 nd
September, 2026.
[PRAFULLA S. KHUBALKAR, J.]
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