SUMI AGA Vs. J AND K BANK LTD

JUDGEMENT

(1.) Is service of summons through publication in a daily newspaper without exhausting other modes envisaged in Order 5, CPC is permitted; Is the question arising for consideration in this revision.

(2.) The brief facts of the case may thus be stated that plaintiff J and K Bank filed a suit for recovery of Rs. 385692.15 against the defendants in the High Court. In the absence of the parties this Court by the order dt. 2-8-1995 transferred the suit for disposal under law to the Court of Ld. District Judge Bank cases. Srinagar with a direction that it "shall issue notices to the parties before proceeding further in the case."

(3.) Ld. trial Court pursuant to the order of this Court by its interim order dated 5-3-1996 ordered for issuance of the notices to the parties through 'Do parat' summons. The counsel for the plaintiff appeared but the defendants could not be served so the same direction was repeated by the Ld. trial Court in its two more interim orders but the service could not be effected and unserved summons came to be returned with the report of the process server that Naid Duri Nowshera was a very big area so despite intensive search he could not locate the defendants. On this instead of furnishing fresh particulars and complete address of the defendants the plaintiff moved an application for service of the defendants through publication alleging that defendants were avoiding service on them.