Affidavit Under Order 5 Rule 20 Read With Section 151 Civil Procedure Code (CPC) Substitute Process of Service

NOTE: This affidavit is to support the main APPLICATION U.O. 5 R. 20 READ WITH SECTION 151 CPC

In the Hon’ble Court OF _____________,

FIRST PARTY              V/S             SECOND PARTY

(TYPE OF CASE)

Application Under Order 5 Rule 20 Read with Section 151 CIVIL PROCEDURE CORD (CPC)

AFFIDAVIT

I, ____________________ SON OF ____________________ RESIDENT OF _______________________________do hereby solemnly affirm and declare as under:-

       1)    That the above captioned petition/ case/ complaint/ application is pending in this Hon’ble Court and is fixed for today.

     1)    That the deponent is not in the knowledge of the present address of the respondent/ defendant/ opposite party, except which is mentioned in the petition/ case/ suit/ complaint/ application. Hence, the respondent/ defendant/ opposite party cannot be served through ordinary process of service and is liable to be served through substitute process of service. Hence this application.

…Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at ____________ on________

…Deponent

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Application Under Order 5 Rule 20 Read With Section 151 Civil Procedure Code (CPC) Substitute Process of Service

In the Hon’ble Court OF _____________,

FIRST PARTY              V/S             SECOND PARTY

(TYPE OF CASE)

Application Under Order 5 Rule 20 Read with Section 151 CIVIL PROCEDURE CODe (CPC) for effecting the service of the respondent/ defendant/ OPPOSITE PARTY  by way of substitute process of service

          Respectfully Showeth:-

       1)    That the above captioned petition/ case/ complaint/ application is pending in this Hon’ble Court and is fixed for today.

    2)    That the applicant is not in the knowledge of the present address of the respondent/ defendant/ opposite party, except which is mentioned in the petition/ case/ suit/ complaint/ application. Hence, the respondent/ defendant/ opposite party cannot be served through ordinary process of service and is liable to be served through substitute process of service. Hence this application.

It is, therefore, prayed that the service of the respondent/ defendant/ opposite party may kindly be effected through substitute process of service, in the interest of justice, equity and fair play.

Dt.

…Applicant

Through Counsel

                                       Advocate


NOTE: ALONGWITH THE ABOVE SAID APPLICATION, YOU ALSO NEED A SUPPORTING AFFIDAVIT. TO TAKE A LOOK AT THE SAME -> CLICK HERE

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WRITTEN REPLY TO THE APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC

IN THE Hon’ble Court ADDITIONAL DISTRICT JUDGE, _______

First party            V/s               Second Party

Reply to the application U.O. 6 Rule 17 read with section 151 CPC filed by the applicant

Sir

It is respectfully submitted as under:-

Preliminary objections:-

1.      That the present application is not maintainable in the eyes of law. 

 2.  That the application has been filed at much later stage. Despite the applicant was having the knowledge of the fact which it intends to add now at the last stage of the proceedings, he cannot be allowed to plead inadvertence at this stage.

On Merits:-

1.       That para No.1 of the application is matter of record.

2.     That para No.2 of the application is wrong, incorrect and hence vehemently denied. The applicant was having full knowledge of the fact which it intends to add, since the filing of the present application.

3.      That para No.3 of the application is wrong, incorrect and hence vehemently denied. the applicant though was fully aware of the above said fact at the time of filing the petition, yet was grossly negligent in mentioning of the above said fact and to cover its negligence or to fill up its lacuna, the applicant cannot take the plea of inadvertence at last stage of proceedings.

4.       That para No.4 of the application is wrong, incorrect and hence vehemently denied.

            Last para is prayer clause, which is on the basis of wrong pleadings of the applicant, hence wrong, incorrect and denied of which the applicant is not entitled any relief.

                   It is therefore, respectfully prayed that the application in reply may kindly be dismissed, in the interest of justice, equity and fair play.

Dated:

Respondent

Through Counsel

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