CHUNNILAL Vs. BOARD OF REVENUE, AJMER

JUDGEMENT

(1.) This writ petition is directed against order dated 10.9.15 of the Board of Revenue Rajasthan, whereby a revision petition preferred by the petitioners under Section 230 of the Rajasthan Tenancy Act, 1955 against the order dated 24.9.12 passed by the Assistant Collector, Sojat, rejecting an application preferred by the petitioners questioning the propriety of substituted service upon the co-defendants, stands rejected.

(2.) The relevant facts are that a suit preferred by the second respondent for declaration, possession, permanent injunction and damages in respect of the agriculture land comprising various khasras situated at Sojat, is pending trial before the Assistant Collector, Sojat. During the pendency of the suit, the plaintiff, respondent no.2 herein, made an application for substituted service upon the unserved defendants. The application was allowed by the Assistant Collector, Sojat vide order dated 1.8.11. Accordingly, the notice of the unserved respondents was published in daily newspaper 'Rajasthan Patrika'. The petitioners, who are co-defendants preferred an application, questioning the service upon unserved defendants as complete on the basis of the substituted service, stating that there were no circumstances existing so as to direct the service upon unserved defendants by way of publication of notice in the daily newspaper. That apart, it was stated that some of the defendants have already expired yet service upon them is treated to be complete. Accordingly, it was prayed that the directions may be issued for personal service upon the defendants. The application was contested by the second respondent by filing a reply thereto.

(3.) After due consideration, the application was rejected by the Assistant Collector,Sojat vide order dated 24.9.12. Aggrieved thereby, a revision petition preferred by the petitioners before the Board of Revenue, stands dismissed. Hence, this petition.