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Sunder Spinner Vs. Makan Bhula - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported in64Ind.Cas.386
AppellantSunder Spinner
RespondentMakan Bhula
Excerpt:
civil procedure code (act v of 1908), order v, rule 20 - service of summons by post--registered letter refused--ex parte decree--denial of receipt--re-trial. - indian penal code, 1860 [c.a. no. 45/1860].sections 124-a, 153-a, 153-b, 292, 293 & 295a; [f.i. rebello, smt v.k. tahilramani & a.s. oka, jj] declaration as to forfeiture of book held, the power can be exercised only if the government forms opinion that said publication contains matter which is an offence under either of sections 124-a, 153-a, 153-b, 292, 293, 295a of i.p.c., - service by registered post is at any time a poor substitute for personal service, which is directed by the code.norman macleod, 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 re-trial. service by registered post is at any time a poor substitute for personal service, which is directed by the code. it is allowed to litigants as a matter of convenience. but when sitting on the original side i have invariably allowed a defendant a re-trial, 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, 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 re-trial. Service by registered post is at any time a poor substitute for personal service, which is directed by the Code. It is allowed to litigants as a matter of convenience. But when sitting on the Original Side I have invariably allowed a defendant a re-trial, 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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