CPC - Order IX Rule 13

 

Important Points

1. Defendant refused to accept summons issued in the suit.
2. After the suit was decreed ex-parte, execution proceedings were initiated.
3. Sub-Rule (5) of Order V Rule 9 of CPC - states inter alia that if defendant or his agent had refused to take delivery of the postal article containing the summons, the court issuing the summons shall declare that the summons had been duly served on the defendant.
4. Section 27 of General Clauses Act, 1897 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post.

Case Law

1. Alavi Haji Vs palapetty Muhammed AIR 2007 SC (Supp) 1705
1. if notice is sent by registered post and is returned with a postal endorsement "refused" or "not available in the house" or "house locked" or "shop closed" or "addressee not in-station" due service has to be presumed.
2. Jagdish Singh Vs natthu Singh 
3. state of MP Vs Hiralal
4. V Raja Kumari vs P.Subbaram Naidu