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2025 DAILYLAW 14121 (HP)

CANTT BOARD KASAULI v. RAJESH KUMAR

CMP/14919/2025 · 2025-07-04

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cantonment Board Kasauli vs. Rajesh Kapoor and another CMP No. 14919 of 2025 in RSA No. 642 of 2008 04.07.2025 Present: Mr. Lokendar Pal Thakur, Senior Panel Counsel, for the applicant. Mr. K.D. Sood, Sr. Advocate, with Mr. Vivek Singh Thakur, Advocate, for respondent No.1/non-applicant. CMP No. 14919 of 2025 By way of the present application, a prayer has been made for substituted service of non-applicant/respondent No.2. Heard counsel for the applicant. The address, which has been provided to the applicant for effecting service of respondent No.2 is the last known address of the said respondent. The said respondent was served at the same address before the trial Court, wherein he had participated in the proceedings. Thereafter before the 1st Appellate Court, though served at the same address, he had been proceeded against ex parte. According to the learned counsel for the applicant, the address furnished is the last known address of the said respondent and it appears that the said respondent is avoiding the service of summons. In the interest of justice, service of the said respondent is ordered to be effected by way of affixation on his last known address. Presently, the matter is being listed for restoration of the matter, which had been dismissed in default. Hence, in view of the aforesaid, service of respondent No.2 by way of affixation, as had been mentioned above, is being ordered only for the limited purpose of adjudication of the application for restoration of the appeal which had been dismissed in default. Steps for service of respondent No.2 be taken within three days. On taking such steps, issue notice to the said respondent returnable within four weeks. The application stands disposed of. (Bipin C. Negi) Judge July 04, 2025 tarun