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2002 Supreme(SC) 993

Basant Singh – Appellant
Versus
Roman Catholic Mission – Respondent


JUDGMENT

Sema, J.-Leave granted.

2. The sole question that falls for consideration in this appeal is, whether the service of notice sent by registered post with acknowledgement card in terms of Order 5 second proviso to Rule 19A of the Code of Civil Procedure read with Section 27 of the General Clauses Act, 1897 can be accepted as a sufficient notice.

3. This appeal filed by the defendants (judgment debtors) arises out of the following material facts. Suit No. 473 of 1985 filed by the landlord ended in passing of an ex-parte decree by the Trial Court on 30.5.1986. The appellants preferred an application on 6.10.1986 under Order 9 Rule 13 for setting aside the ex-parte decree which was rejected by the trial Court. Their appeal before the appellate Court and revision petition before the High Court ended without any success. It appears, initially the plaintiff (respondent herein) could not deposit the requisite process fee for which the summons could not be issued to the appellants-defendants. On 2.4.1986, the trial Court ordered the summons to be issued to the defendants, both by ordinary process and by registered post, and the case was adjourned to 30.4.1986. On a perusal of the record












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