BASANT SINGH AND ANR. versus ROMAN CATHOLIC MISSION

BASANT SINGH AND ANR. versus ROMAN CATHOLIC MISSION

Service of summons by registered post to proper address raises presumption of service unless rebutted by cogent evidence. Publication of substituted service in another widely circulated local daily amounts to an irregularity, not invalidity; mere irregularity in service does not warrant setting aside ex-parte decree.

Parties
Appellant: Basant Singh; Appellant: Hari Singh; Respondent: Roman Catholic Mission
Jurisdiction
India
Judgment Date
03 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Substituted Service, Service of Summons, Ex Parte Decree, Presumption of Service
Civil Procedure Substituted Service Service of Summons Ex Parte Decree Presumption of Service

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Parties

Basant Singh

Appellant

Hari Singh

Appellant

Roman Catholic Mission

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether service of notice sent by registered post with acknowledgement due can be accepted as sufficient notice under Order 5 second proviso to Rule 19A of CPC and Section 27 of General Clauses Act, 1897.
  2. 2 Whether publication of substituted service in a local daily other than that ordered by the Court constitutes sufficient notice.

Ratio Decidendi

Service of summons by registered post to proper address raises presumption of service unless rebutted by cogent evidence. Publication of substituted service in another widely circulated local daily amounts to an irregularity, not invalidity; mere irregularity in service does not warrant setting aside ex-parte decree.

Court Disposition

Appeal dismissed

Orders

  • No costs awarded