Being aggrieved by the order of the trial court, we have filed an appeal within time limit in the Bombay High court. The appeal was admitted by the High court.
The Respondent is a sole proprietor (Developer) now not carrying its business at the address deposed in the trial court and hence of now, there is no board of the said proprietor showing as developer at the said address but the proprietor is carrying on its other business at the same address and that’s why he is avoiding to take the court notice by saying that “the said (Developer) enterprise is not there”.
My query is –
1. “If the Respondent (O/Defendant) has himself deposed the address in the trial court then can we convince to the Hon'ble High Court that, the Respondent is deliberately avoiding himself / keeping out of way for the purpose of avoiding service of the notice on him.
2. How can I convince the Hon'ble Court that, mere pasting order (under O.5R.20 of the C.P.C.) on the last known address (which the Respondent has himself given in the trial court) and on the site is sufficient and the publication is not at all required for the purpose of servicing the notice. As the publication of the notice is a costly affair and the Appellant is a retired person from the service.
