IN THE COURT OF LD. DISTRICT JUDGE (XXXXXXXXX COURT) XXXXXX DIST., XXXXXXX COURTS COMPLEX, XXXXXXXXX.

C.S. (COMM.) NO. _____ OF 2023.

IN THE MATTER OF :-

XXXXXXXX                                                       : PLAINTIFF

VERSUS

XXXXXXXXXXX                                                : DEFENDANTS

D.O.H.: 09.04.2024

APPLICATION FOR AND ON BEHALF OF THE APPLICANT / PLAINTIFF UNDER ORDER V RULE 20 READ WITH SECTION 151 OF C.P.C. SEEKING ORDER FOR PUBLICATION.

MOST RESPECTFULLY SHOWETH :-

1.       That the aforesaid commercial recovery suit has been filed by the Plaintiff against the Defendants is pending before this Hon’ble Court and the same is fixed for 09.04.2024.

2.       That this Hon’ble Court was pleased to issue summons to the Defendants through PF/RC, however, notice could not be served and the services were not affected from the address of the Defendants. Despite of repeated services of the summons, the defendants are intentionally and deliberately avoiding the services of summons of the Hon’ble Court at the registered address of the Defendant.

3.       That the applicant / Plaintiff has no other alternate address of the Defendants except that as per their own record and it is the last known address of the Defendants and service of summons were not affected at the address of the Defendants.

4.       In view of the facts that Defendants could not be served at their address on record through normal services and as such Plaintiff further submits that the Defendants may be served through substituted service i.e. by way of publication.

5.       That it is in the interest of justice, if the Hon’ble Court may be allowed the present application for service of the summons in the news paper by way of publication.

PRAYER:-

          It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be allowed for substitution service by way of publication, in the interest of justice.

          It is prayed accordingly,

DELHI                                             APPLICANT / PLAINTIFF

THROUGH

DATED :-

XXXXXXXXX

ADVOCATES

______________
________________
_________________

IN THE COURT OF LD. DISTRICT JUDGE (XXXXXXXX COURT) XXXXXXXXX DIST., XXXXXXX COURTS COMPLEX, XXXXXX.

C.S. (COMM.) NO. _____ OF 2023.

IN THE MATTER OF :-

XXXXXXXXXX                                                 : PLAINTIFF

VERSUS

XXXXXXXXXX                                                   : DEFENDANTS

AFFIDAVIT

Affidavit of Mr. XXXXXX, aged about ___ years, AR/ Signatory of the ________________. having its registered office at ________________________, do hereby solemnly affirm and state as follows :-

1.       That I am the AR and Signatory of the plaintiff company in the above noted matter and am competent to depose by way of this affidavit in the aforesaid capacity. I am deposing to this affidavit on the basis of the records of the claimant.

2.       That the accompanying application under order V Rule 20 of C.P.C. r/w section 151 of C.P.C. has been drafted under my instructions, which has been read and understood by me and I say that the contents of the same are true and correct.

3.       That the contents of paras of the application are true on the bass of the records of the plaintiff and believed to be correct.

DEPONENT

VERIFICATION :-

          Verified at de on this ___ day of April, 2024 that the contents of para 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 therefrom.

DEPONENT