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Substitue Petition

The document is a court filing requesting substitute service for two respondents in an appeal case. The petitioner bank is appealing a previous court judgment. Notices were sent to all respondents but were returned undelivered for two respondents. The petitioner is requesting the court to allow substitute service through a Tamil newspaper for those two respondents.

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0% found this document useful (0 votes)
106 views7 pages

Substitue Petition

The document is a court filing requesting substitute service for two respondents in an appeal case. The petitioner bank is appealing a previous court judgment. Notices were sent to all respondents but were returned undelivered for two respondents. The petitioner is requesting the court to allow substitute service through a Tamil newspaper for those two respondents.

Uploaded by

Thendralzeditz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH

C.M.P.(MD).No. of 2023
In
A.S(MD).No. 103 of 2021

Bank of Baroda,
Rep by its,
Senior Manager and Authorized Officer,
Thiruppur PN Road Branch. …. Petitioner/Appellant

-Vs-

1. G.Sangeetha,
W/o.C.Ramasamy,
Old D.No.252, New Door No.116,
South Marret Street,
Madurai – 625 001.

G.Gurusamy (Died),

2. G.Uma Maheswari,
W/o.L.Kumaraguru,

3. G.Saravanakumar,
S/o.G.Gurusamy,

4. G.Revathi,
W/o. G.Gurusamy,

Respondents 2 to 4 are residing at,


Old D.No.252, New Door No.116,
South Marret Street,
Madurai – 625 001. … Respondents/Respondents
AFFIDAVIT OF THE PETITIONER

I, ………………. , S/o. …………………… , aged about …. years working as


Senior Manager and Authorized Officer of Bank of Baroda, Thiruppur PN Road
Branch, now temporarily come down to Madurai, do hereby solemnly affirm and
sincerely state as follows:-
1. I am the Petitioner herein and Appellant in the appeal and as such I am well
conversant with the facts of the case.

2. I humbly submit that, our bank has filed appeal against the judgment and decree
passed in O.S.No.150/2015 on the file of Principal District Judge, Madurai.
During the pendency of the 1st Appeal. The notice was ordered to the respondents
by this Hon’ble Court. The notice to the respondent Nos.1 and 3 were served.
But the notice to respondent Nos.2 and 4 were returned as “No such addressee”.
Hence this Hon’ble Court directed me to take substitute service to respondent
Nos.2 and 4 through paper publication. Hence I have filed this application for
substitute service. If this application is allowed, there will be no loss and hardship
will be caused to the respondents. If this application is not allowed I will be put
much loss and hardship.

It is therefore prayed that this Honorable Court may be pleased to order substitute
service to the respondent Nos.2 and 4 through Tamil News Paper circulating in Madurai
District in A.S.No.103 of 2021 on the file of this Hon'ble Court and thus render justice.

Solemnly affirmed that the


contents of this affidavit are
read out and explained in
Tamil in my presence to the
executants, who appeared and
understood the same and made BEFORE ME
his signature in my presence at
Madurai on this day of 3rd Jan 2023
MEMORANDUM OF CIVIL MISCELLANEOUS PETITION

IN THE HIGH COURT OF JUDICATURE OF MADRAS


MADURAI BENCH
(Appellate Jurisdiction)

C.M.P.(MD). No. / 2023


In
A.S. (MD)No.103 / 2021
Bank of Baroda,
Rep by its,
Senior Manager and Authorized Officer,
Thiruppur PN Road Branch. …. Petitioner/Appellant

-Vs-

1. G.Sangeetha,
W/o.C.Ramasamy,
Old D.No.252, New Door No.116,
South Marret Street,
Madurai – 625 001.

G.Gurusamy (Died),

2. G.Uma Maheswari,
W/o.L.Kumaraguru,

3. G.Saravanakumar,
S/o.G.Gurusamy,

4. G.Revathi,
W/o. G.Gurusamy,

Respondents 2 to 4 are residing at,


Old D.No.252, New Door No.116,
South Marret Street,
Madurai – 625 001. … Respondents/Respondents
PETITION UNDER ORDER 5, RULE 20 OF CPC

For the reasons stated in the accompanying affidavit, it is therefore prayed that
this Honorable Court may be pleased to order substitute service to the respondent Nos.2
and 4 through Tamil News Paper circulating in Madurai District in A.S.No.103 of 2021
on the file of this Hon'ble Court and thus render justice.

Dated at Madurai on this the 3rd day January 2023

COUNSEL FOR PETITIONER


IN THE HIGH COURT OF JUDICATURE OF MADRAS
MADURAI BENCH
(Appellate Jurisdiction)

C.M.P.( MD). No. / 2023

In

A.S. (MD)No. 103 / 2021

Bank of Baroda,
Rep by its,
Senior Manager and Authorized Officer,
Thiruppur PN Road Branch. …. Petitioner/Appellant

-Vs-

G.Sangeetha,
W/o.C.Ramasamy,
and 3 others … Respondents/Respondents

INDEX TO CMP

S.No. Date Particulars Page


No.
1 Court Fee
2 SS Petition
3 Affidavit

The above documents filed in the typed set are true copy of the originals.

Dated at Madurai on this 3rd day January 2023

COUNSEL FOR PETITIONER


IN THE HIGH COURT OF
JUDICATURE AT MADRAS
MADURAI BENCH

C.M.P.( MD). No. / 2023


In
A.S. (MD)No. 103 / 2021

SUBSTITUTE SERVICE
PETITION

Pala.Ramasamy (948/1989)
AN.Ramanathan (498/2005)

COUNSEL FOR PETITIONER


d:\high court\ss petition\substitue petition.docx

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