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Sunder Spinner and anr. Vs. Makan Bhula - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1922)ILR46Bom130
AppellantSunder Spinner and anr.
RespondentMakan Bhula
Excerpt:
summons - service by registered post--ex parte decree--defendant denying delivery of summons--retrial--practice. - - 1. we need say no more in this case than that the defendant on representing to the court that he had not been offered the postal packet was entitled to a retrial, service by registered post is at any time a poor substitute for personal service which is directed by the court.norman macleod, kt., c.j.1. we need say no more in this case than that the defendant on representing to the court that he had not been offered the postal packet was entitled to a retrial, service by registered post is at any time a poor substitute for personal service which is directed by the court. it is allowed to litigants as a matter of convenience. but when sitting on the original side i have invariably allowed a defendant a retrial, if, after the decree had been passed against him on evidence that the summons was sent by registered post and returned refused, he appeared and denied that the packet had ever been delivered to him by the postal authorities. rule will be made absolute.2. costs, costs in the cause.shah, j.3. i agree.
Judgment:

Norman Macleod, Kt., C.J.

1. We need say no more in this case than that the defendant on representing to the Court that he had not been offered the postal packet was entitled to a retrial, Service by registered post is at any time a poor substitute for personal service which is directed by the Court. It is allowed to litigants as a matter of convenience. But when sitting on the Original Side I have invariably allowed a defendant a retrial, if, after the decree had been passed against him on evidence that the summons was sent by registered post and returned refused, he appeared and denied that the packet had ever been delivered to him by the postal authorities. Rule will be made absolute.

2. Costs, costs in the cause.

Shah, J.

3. I agree.


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