IR 2008 (NOC) 333 (ALL.) = 2007 (6) ALJ 573 ::2007 (6) All LJ 573 ::2007 (6) ALJ 573 ::2008 (1) AJHAR (NOC) 287 (ALL) ::2008 A I H C 494 ::(2008) 1 All RentCas 59 ::(2007) 69 All LR 562

Allahabad High Court

Hon'ble Judge(s): Rakesh Tiwari , J

(A) Civil Procedure Code (5 of 1908) O. 5 R. 9 General Clauses Act (10 of 1897), S 27 – Evidence Act (1 of 1872), S 114 – Service of summons – Presumption of service – Summons sent by registered post on correct address with acknowledgment due – Addressee avoided services and did not accept summons even after having knowledge and information from postman – Addressee would be deemed to have been served and presumption of service in law can be made {" Once notice by registered post is sent at the correct address and acknowledgment due has not been returned back to the Court within 30 days from the date of summons, it would, therefore, deemed to have been served and presumption of service in law can be made. Thus, where all the respondent were occupying the tenanted premises jointly and there was no evidence to rebut the presumption that service was effected by registered post particularly in view of the remark of the post office that “praptkarta ke pas bar bar jana ya suchana dene par bhi nahin mile athah preshak ko vapas” hence any irregularity in service of summons would not render this service on the respondents illegal in absence of any denial that address on registered post was incorrect as such it would not be served on them. The presumption u/S. 114 of Evidence Act 1972 operates apart from the Provisions of Post office Act, 1898. The respondents avoided the services and did not accept summons even after having know....