IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH.

Civil Misc No. of 2023

In R.S.A.No. 749 OF 2017

Kishori Lal and Others …….Appellants

Versus

Bhikha Ram and others …….Respondents

INDEX

S.NO PARTICULARS DATE PAGE COUR

NO. T FEE
Urgent form 24.05.2023

1. Application under section 151 24.05.2023 01-04 3.00

CPC read with Order 5 Rule 20
CPC
2. Affidavit 24.05.2023 05

3. Power of Attorney Already on

record

Note : Advance copy supplied to opposite counsel.

NOR : PH223207

CHANDIGARH (NARENDER SINGH KAMBOJ)

ADVOCATE P-1591/2007

DATED: 24.05.2023 COUNSELS FOR THE APPLICANTS

 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.

Civil Misc No. of 2023

In R.S.A.No. 749 OF 2017

Kishori Lal and Others …….Appellants

Versus

Bhikha Ram and others …….Respondents

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TOTAL AMOUNT OF COURT FEE: Rs

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NOR : PH223207

CHANDIGARH (NARENDER SINGH KAMBOJ)

ADVOCATE P-1591/2007

DATED: 24.05.2023 COUNSELS FOR THE APPLICANTS

 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.

Civil Misc No. of 2023

In R.S.A.No. 749 OF 2017
Kishori Lal and Others …….Appellants

Versus

Bhikha Ram and others …….Respondents

Application under section 151 Civil Procedure Code

read with Order 5 Rule 20 Civil Procedure Code for

modification of the orders dated 22.02.2023 and

03.05.2023 to the extent that the respondents no. 1(a),

1(b) (1), 1(b)(2), 1(b)5, 1b(6), 1 (c), 1 (d), 5, 6, 13,

17, 33, 51, 52, 66, 77, 78, 82, 86 to 88, 95, 96, 99,

104 to 106, 110, 111, 114, 115, 118 to 120, 12, 18,

23, 35, 57, 63, 76, 79 to 81, 84, 92, 94, 113, 15, 14(b)

(I & II), 103 (d to f), 25(1), 126(1 to 3), 4 to 6, 128

may be read as respondents not residing at given

address and respondent no. 1(b)(3) may be read as

serve through wife and hence the above said

respondents not residing at given address may be

ordered to be served through substituted mode of

service by way of publication in the local newspapers

having sufficient circulation in the area.

RESPECTFULLY SHOWETH:

1. That the above said appeal is pending in this Hon’ble High Court

and the same is fixed for hearing on dated 09.08.2023.

2. That vide order dated 21.08.2019 this Hon’ble High Court pleased to

issue Notice of Motion in the above said Appeal and hence summon were

issued to the respondents. On dated 22.02.2023 this Hon’ble High Court

pleased to issue the following order :-

 “Mr. Ajay Jain, Advocate has appeared on behalf of

respondents No.11,19,25(2), 31,60,70 and 76 by filing memo of

appearance, which be taken on record. He may file vakalatnama

in his favour in the registry by the next date of hearing.

As per office report, respondents No.1(b) (1), 1(b)(2),

1(b)(3) are not residing at the given address whereas

respondents No.2, 3, 41,46,93,101,117,122,124, respondents

No.4, 121, 8, 83, 100, 102, 14(a), 14(c), 16, 21,22,37 to 40,42

to 45, 47 to 49, 53,54, 58 to 62, 69, 89 to 91, 97, 123, 24(c to

e), 25(2), 29(a), 55, 108, 103 (a to c), 112 served but they

have not turned up. They are proceeded against ex parte.

Respondents No.7,9,10,20,26 to 28, 30, 32, 34, 36, 50,

56, 64, 65, 67, 68, 71 to 75,98,109,116, 125,127 and 85 are

reported to have expired. Learned counsel for the appellants

may take appropriate action in the matter and then notice to

unserved respondents be given at their correct latest addressed

to be furnished by learned counsel for the appellants within three

weeks, for 09.08.2023.”

3. That to comply with the above said order dated 22.02.2023 the

appellants had filed application under Order 5 Rule 20 CPC for substituted

mode of service by way of publication as the appellants are not in knowledge

of correct addresses of the respondents. The above said application was

allowed vide order dated 03.05.2023. Thereafter, the clerk to the counsel for

the appellants has contacted the RSA branch for issuance of notice to the

respondents through substituted mode of service by way of publication and

ten he came to know the facts that inadvertently some of the respondents

not residing at given address has been wrongly mentioned in the above said

order dated 22.02.2023

4. That, as per the above said order dated 22.02.2023 respondents

No.1(b) (1), 1(b)(2), 1(b)(3) are not residing at the given address however
after perusal of the office report it was observed that the respondents no.

1(a), 1(b) (1), 1(b)(2), 1(b)5, 1b(6), 1 (c), 1 (d), 5, 6, 13, 17, 33, 51, 52,

66, 77, 78, 82, 86 to 88, 95, 96, 99, 104 to 106, 110, 111, 114, 115, 118 to

120, 12, 18, 23, 35, 57, 63, 76, 79 to 81, 84, 92, 94, 113, 15, 14(b)(I & II),

103 (d to f), 25(1), 126(1 to 3), 4 to 6, 128 are not residing at given

address and further respondent no. 1(b)(3) served through wife. It is

submitted here that the appellant has tried his best to find out the address

of the above said respondents however he could not be able to find their

present addresses. Therefore, the above said respondents are required to be

served through substituted mode of service i.e. through publication in the

newspapers having sufficient circulation in the area.

5. That further it is submitted here that as per the above said order dated

22.02.2023 the respondents No.7, 9, 10, 20, 26 to 28, 30, 32, 34, 36, 50,

56, 64, 65, 67, 68, 71 to 75, 98, 109, 116, 125, 127 and 85 are reported to

have expired. The appellant has tried to find out the legal heirs of the above

said respondents, however he could not be able to find out the legal heirs of

the above said deceased respondents. Therefore, the legal heirs of the above

said respondents are required to be served through substituted mode of

service of publication in local newspapers.

6. That it is submitted here that the respondents no. 1(a), 1(c), 1(d), 3,

5 to 7, 10, 12, 13, 15, 17 to 23, 26 to 28, 30, 32 to 53, 55 to 60, 63 to 70,

72 to 75, 77 to 83, 85 to 89, 91 to 97, 99, 100, 106 to 108, 110 to 116, 118

to 122, 125 and 127 are already ex-parte before the ld. Trial court hence

service to them is not necessary to be made in present RSA.

7. That keeping in view the above said facts and circumstances the

orders dated 22.02.2023 and 03.05.2023 are liable to be modified and

further the necessity has been arisen to serve the above said respondents

through substituted mode of service by way of publication in the local

newspapers.
 It is, therefore, respectfully prayed that application may

kindly be allowed and the orders dated 22.02.2023 and

03.05.2023 may be modified to the extent that the respondents

no. 1(a), 1(b) (1), 1(b)(2), 1(b)5, 1b(6), 1 (c), 1 (d), 5, 6, 13,

17, 33, 51, 52, 66, 77, 78, 82, 86 to 88, 95, 96, 99, 104 to 106,

110, 111, 114, 115, 118 to 120, 12, 18, 23, 35, 57, 63, 76, 79

to 81, 84, 92, 94, 113, 15, 14(b)(I & II), 103 (d to f), 25(1),

126(1 to 3), 4 to 6, 128 may be read as respondents not

residing at given address and respondent no. 1(b)(3) may be

read as serve through wife and hence the above said

respondents not residing at given address may be ordered to be

served through substituted mode of service by way of publication

in the local newspapers having sufficient circulation in the area.

Further the legal heirs of the deceased respondents no. 7, 9, 10,

20, 26 to 28, 30, 32, 34, 36, 50, 56, 64, 65, 67, 68, 71 to 75,

98, 109, 116, 125, 127 and 85 may be ordered to be served

through substituted mode of service by way of publication in the

local newspapers having sufficient circulation in the area, in the

interest of justice.

NOR : PH223207

CHANDIGARH (NARENDER SINGH KAMBOJ)

ADVOCATE P-1591/2007

DATED: 24.05.2023 COUNSELS FOR THE APPLICANTS

 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Misc No. of 2023
In R.S.A.NO. OF 2017
Kishori Lal and Others …….Appellants
Versus
Bhikha Ram and others …….Respondents

Affidavit of Kishori Lal Bajaj residents and biswedaran of village

Jholari, Tehsil Kosli, District Rewari, at present residing at L-72,
Shyam Park, Nawada Uttam Nagar, New Delhi.
I, the above named deponent do hereby solemnly affirm and

declare as under:-

1. That the accompanied application is being filed in this Hon’ble

Court, which is likely to succeed as per grounds taken therein.

2. That, the deponent has not filed any similar application before

this Hon’ble Courts, Apex Courts or any other court of law.

3. That the deponent has read over the contents of the application

and the same are true and correct to my knowledge and belief and no

part of it is false and nothing has been concealed therein.

CHANDIGARH

DATED:

VERIFICATION:

Verified that the contents of paras No.1 to 3 of the above

affidavit are true and correct to my knowledge. No part of it is false

and nothing material has been concealed therein.

CHANDIGARH

DATED: