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Chunnilal & Anr. vs. Board of Revenue & Ors.

36.00 3.60

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Code of Civil Procedure, 1908–Order 5, Rule 20–Substituted service by publication in news paper–Justification–Seventy six defendants–Out of them, only five defendants were served the notice–View of trial Court that in view of multiple quantum of defendants, permission of publish their notice in newspaper is accorded to–It is not in accordance with the provisions of Order 5, Rule 9–Further, even the application was filed before returning the notices served to certain five defendants–It was allowed in a cursory manner–Impugned orders of Courts below set aside and trial Court is directed to adopt the normal mode of service of summon.