In the Court of Sh., ADJ, Tis Hazari Court, Delhi

CS no. XXX/XX

In Re:

XXXXXXXXXX                                                                                  …. Plaintiff

Versus

XXXXXXX                                                                               … Defendants

Application on behalf of Plaintiff u/o 5 rule 20 C.P.C. read with section 151 C.P.C. for allowing service of summons by way of affixing a copy in same conspicuous place of the house/office of the Respondent and also for allowing the service of summons by way of publication.

Most Respectfully Showeth:

1.           That the present case is pending trial before the Hon’ble Court and is fixed for XX XXXXXX  for further proceedings.

2.           That in the above noted case from last several dates of hearing plaintiff serve the summons to defendant no. X by way of PF/RC as per direction by the Hon’ble Court but every time summons were unserved on the best known address of the defendant.

3.           That however the Hon’ble Court was pleased to direct issue fresh summons of the suit to the defendant no. X vide PF/RC and on filing of fresh address.

4.           That due to the above said reason, plaintiff prayed before the Hon’ble court to issue summons by way of affixing a copy in same conspicuous place of the house/office of the Defendant no. X and also for allowing the service of summons by way of publication.

PRAYER

It is therefore prayed that the process of summons be processed further by way of affixing a copy in same conspicuous place of the house/office of the defendant no. X and also allowing the service of summons by way of publication against the defendant no. X, keeping aside the technicalities which are hampering the process, in the interest of justice.                      

Delhi                                                                                                 Plaintiff

Date                                                           Through

                                                                                                          Counsel

In the Court of Sh., ADJ, Tis Hazari Court, Delhi

CS no. XXX/XX

In Re:

XXXXXXXXXX                                                                                  …. Plaintiff

Versus

XXXXXXX                                                                               … Defendants

Affidavit

I, XXX  S/o  XXX, R/o XXX, do hereby solemnly affirm and declare as under:

1.           That the deponent is the plaintiff in the present suit and is well conversant with full facts of the case.

2.           That the accompanying application has been drafted by my counsel under my instructions, the contents of the same have been explained to me in vernacular and the said contents are true and correct and may please be read as part and parcel of this affidavit and the same are not being repeated for the sake of brevity.

Deponent

Verification:

          Verified at Delhi on this  XX   day of XX,20XX that the contents of above affidavit are true and correct and nothing has been concealed therefrom.                   

                                                                                                         Deponent