Bombay High Court

MARIA LOBOversusVILLAGE PANCHAYAT OF MOIRA THR ITS SECRETARY/SARPANCH

Disposal: Disposed of

Holding

The court held that permission to serve the respondents by affixation under Order 5 Rule 20(1) of the CPC may be granted.

Summary

Maria Lobo filed a miscellaneous civil application seeking the court's permission to serve the second and third respondents by affixation of notice, invoking Order 5 Rule 20(1) of the Code of Civil Procedure. The applicant’s counsel argued that such service was necessary for the proceeding. The court examined whether the statutory provision allowed the requested mode of service. Finding the application prima facie valid and the statutory provision applicable, the court granted the permission. Consequently, the application was allowed and the miscellaneous civil application was disposed.

Issues considered

Whether the court may grant permission to serve respondents by affixation under Order 5 Rule 20(1) of the CPC.

Legislation cited

Code of Civil Procedure, 1908 — s. Order 5 Rule 20(1)

Subjects

service of process
affixation
Code of Civil Procedure
Order 5 Rule 20(1)
miscellaneous civil application
permission to serve

Judgment

2026:BHC-GOA:1752
                                            MCA 478 2026

                Suzana

                         IN THE HIGH COURT OF BOMBAY AT GOA
                           MISC.CIVIL APPLICATION NO.478 OF 2026
                                          WITH
                                WRIT PETITION NO.22 OF 2023
                       MISC.CIVIL APPLICATION NO.478 OF 2026
                                        IN
                            WRIT PETITION NO.22 OF 2023
           MARIA LOBO                                 ... APPLICANT
             Versus
           VILLAGE PANCHAYAT OF MOIRA THR ITS
           SECRETARY/SARPANCH                         ... RESPONDENTS
                                           WITH
                                 WRIT PETITION NO.22 OF 2023
           MARIA LOBO                                      ... PETITIONER
              Versus
           VILLAGE PANCHAYAT OF MOIRA, THR.
           ITS SECRETARY/SARPANCH AND 2 ORS                     ... RESPONDENTS

           Ms. Siddhi Parodkar, Advocate for the Applicant.

                                CORAM:- S. G. CHAPALGAONKAR, J.
                                DATED :- 29th August, 2026

           P.C.


           1.     Heard Learned Advocate appearing for the Applicant.


           2.       The Applicant seeks permission to serve Respondents No.2
           and 3 by way of affixation in terms of the provisions of Order 5
           Rule 20(1) of the Code of Civil Procedure.


           3.       In light of submissions advanced by the Learned Advocate


                                              Page 1 of 2
                                            29th August, 2026
                                                            MCA 478 2026


                       for the Applicant, the application is allowed. The Applicant is
                       permitted to serve Respondents No.2 and 3 in terms of provisions
                       of Order 5 Rule 20(1) of CPC.


                       4.         Miscellaneous Civil Application disposed of.



                                                                  S. G. CHAPALGAONKAR, J.




Signed by: ANDREZA PEREIRA
Designation: Personal Assistant
                                                              Page 2 of 2
Date: 29/08/2026 12:53:34
                                                            29th August, 2026

Continue reading with your account

Checking your session…