DEVIDAS GANPATRAO KULKARNI Vs. UPENDRARAO MADHAVRAO DHOPESHWARKAR

JUDGEMENT

(1.) -DEFENDANT No. 1 from Regular Civil Suit No. 1253 of 1988 filed in the Court of the Civil Judge, Senior Division, Aurangabad, has filed this Civil Revisional Application contending that the suit as against him ought to have been dismissed by the learned Civil Judge, by applying the provisions of Order IX, Rule 5, C. P. C. However, no such order is passed by the learned Civil Judge, and, therefore, this revision petition.

(2.) IN the said suit, suit summonses were issued to both the defendants. Defendant No. 2 was served and he filed appearance. However, the summons sent for service on defendant No. 1 returned unserved on 17-7-1991 and thereafter the plaintiff failed to take any steps for service of summons on defendant No. 1 till 9-8-1991 and, therefore, the suit be dismissed. The learned Civil Judge, after obtaining say of the plaintiff on this application, passed the order on 16-6-1992 and directed the plaintiff to take special bailiff for service of summons on defendant No. 1 within fifteen days and he also directed to pay costs of Rs. 25/ -.

(3.) IT appears that thereafter, the plaintiff could not serve the summons on defendant No. 1 with the help of special bailiff. So, the plaintiffs filed application on 1-7-1992 requesting that defendant No. 1 be served by publishing the suit summons in the newspapers. On this application also, defendant No. 2 raised objection. However, by the order dated 18-7-1992, the learned Civil Judge directed that the summons be served on defendant No. 1 by publication in newspapers and also directed that the plaintiffs should pay cost of Rs. 50/- to defendant No. 2.