1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 3852 OF 2007 Ramesh Dadaji Geda & ors. v. Vishwanath Bali Kumre & ors. _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.S.C. Bhalerao Advocate for the Petitioners. .... CORAM: A.B. CHAUDHARI, J. DATED : 10 th SEPTEMBER, 2007. Heard Mr.Bhalerao, learned counsel for the petitioners. An order made by the trial Court refusing to allow an application under Order V Rule 20 of the Code of Civil Procedure for substituted service in local newspaper is under challenge. The application that was moved by the petitioners was that defendant no. 2 Mahadeo Bali Kumre was not heard alive from 1990. Accordingly an issue has been framed to that effect. 2. It appears from the submissions of 2 Mr.Bhalerao that by using the method of publication under Order V Rule 20, the petitioners want to create evidence to show that defendant no.2 is not alive. I do not think that the petitioners can create evidence through the medium of Court. It is for the plaintiffs to lead evidence on the said issue as better as possible and then leave it to the trial Court for recording appropriate finding. The petitioners cannot make the Court a party for creating evidence for proving the case. There is no merit in the petition. Petition dismissed. JUDGE /TA/