Request you to guide me about the Actions to be taken in the following scenario ::
Brief Synopsis :: There is a Regular Second Appeal going in the High Court for a Civil Property Dispute in which Notices were Issued to this Respondent.
Upon inspection of Service Delivery Report of Court File it has been found that the Respondent doesn't stay at the address where previous notices were being served. As per the report from the Court Server even the RWA head of the locality and neibhourhood no one have an idea where the Respondent have shifted. Upon local informal enquiry done by me it has come to my knowledge that the respondent has sold his premises where he used to live and earlier notices were served to him .
1) Shall I file a application in High Court seeking permission to publish any kind of Advertisement in National English and Hindi Newspaper seeking his presence in the Court in the next date of hearing ? If yes what will be the name of that application or will it be a CMM Application ?
2) As I can not claim that he is missing as his new address is not traceable where we can serve him notice hence is there any possibility of filing FIR or Police Complaint about his whereabouts so that they can investigate properly .
3) Shall we file an application for making him Exparte in case if he doesn't appear on Next date of Hearing after giving Advertisement in National English and Hindi Newspaper ?
4) What else can we do proactively to track him to get him served Notice ?
Anticipating your response .
