AZEEZ KHAN Vs. SMT BADRUNISSA BEGUM

JUDGEMENT

(1.) THE appellant is the petitioner in Writ Petition No.15223/2005. When the notice issued to the respondent in the Writ Petition could not be served in the normal course, the appellant filed I.A.I/2006 seeking permission to take out notice to the respondent by publication in the newspaper "Daily Pasban". THE said application was allowed by the learned single Judge on 5.1.2006 subject to the direction that the notice should be taken out by paper publication in "Vijaya Karnataka" daily. THEreupon the appellant filed I.A.III/2006 praying for modification of the order dated 5.1.2006. In I.A.III/2006, the appellant prayed that he may be permitted to take out notice by paper publication in "Daily Pasban" instead of "Vijaya Karnataka". THE said application for modification was rejected by the learned single Judge on 8.2.2006. Aggrieved by the said order dated 8.2.2006 rejecting I.A.III/2006, the appellant has filed this Writ Appeal.

(2.) THE contention of the appellant is that the learned single Judge ought to have allowed the writ petitioner/appellant to take out notice to the respondent by paper publication in "Daily Pasban" itself and that the learned single Judge erred in directing to take out notice in a newspaper different from what was suggested by the writ petitioner.

(3.) RULE 13 in Chapter XIII of the Karnataka High Court RULEs, 1959 provides that if a notice issued to a party through Court is not served in the ordinary way on three occasions, the matter shall be posted before the Registrar for further orders. If the Registrar is satisfied that the party intended to be served is keeping out of the way for purposes of evading notice, or that for any other reason the notice cannot be served in the ordinary way, the Registrar may order substituted service in the manner prescribed by the Code of Civil Procedure. The party or Advocate at whose instance the notice was issued shall be at liberty to make an application supported by affidavit for substituted service even if three attempts at service in the normal way have not been made and the Registrar may, if he is satisfied as aforesaid, order substituted service.