Ramprasad Paul vs Sanjib Paul And Ors

Heard Mr. D. Deb, learned counsel appearing for the applicant as well as Mr. S. Bhattacharjee, learned counsel appearing for the respondents.

This application has been moved by the applicant under Order 1 Rule 1(2) of the CPC for striking out the name of respondent no. 3 who died without leaving any legal heirs.

Mr. S. Bhattacharjee, learned counsel appearing for the respondents has admitted that the respondent no. 3 has already died without leaving any class-I legal heir.

Accordingly, the name of respondent no.3, late Nirmala Paul has been struck off from the cause title. Registry is directed to correct the cause title accordingly.

Mr. D. Deb, learned counsel appearing for the applicant has further submitted that the present respondents will be the legal heirs of late Nirmala Paul, who are already on record.

Mr. S. Bhattacharjee, learned counsel appearing for the respondents has also admitted the said fact. So, the instant suit shall proceed against the present respondents.

Another prayer is made by the applicant that the respondents no. 4(a) and 4(b) at present are residing at 309, Palombi Court, East Brunswick, New Jersuy, USA-08816. So, they are required to be summoned by this court under order V Rule 25 of the CPC.

In the instant application, the applicant has mentioned that under order V Rule 17 and 20(1) read with section 151 of the CPC to issue notice upon the respondents no. 4(a) and 4(b) by way of affixing copy of the notice in some conspicuous place in houses where they last resided and also in some conspicuous parts of the court house.

It is apparent from the contents of the application that the present address of the respondents no. 4(a) and 4(b) is well known to the applicant. As such, the applicant has to issue notice upon the respondents no. 4(a) and 4(b) under order V Rule 25 of the CPC. Order V Rule 25 of the CPC reads as follows:

"Service where defendant resides out of India and has no agent-

Where the defendant resides out of India and has no agent in India empowered to accept Service, the summons shall be addressed to the defendant at the place where he is residing and sent to him by post or by such courier service as may be approved by the High Court, by fax message or by electronic mail Service or by any other means as may be provided by the rules made by the High Court, if there is postal communication between such place and the place where the Court is situated:

Provided that where any such defendant resides in Bangladesh or Pakistan, the summons, together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not being the High Court) having jurisdiction in the place where the defendant resides :

Provided further that where any such defendant is a public officer in Bangladesh or Pakistan (not belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces) or is a servant of a railway company or local authority in that country, the summons, together with a copy thereof, may be sent for service on the defendant, to such officer or authority. in that country as the Central Government may, by notification the Official Gazette, specify in this behalf".

In view of the said position of law, the applicant is directed to issue summon upon the respondents no. 4(a) and 4(b) through any reputed International Courier Service within a period of 7(seven) days from today by way of observing all formalities.

List the matter on 03.08.2020.