JUDGMENT-The opponent filed on April 22, 1964, a Summary Suit in the Court of Small Causes against the petitioner, being Suit No. 992/3041 of 1964, alleging that the amount of Rs. 3,000 was due to the opponent under a receipt dated May 1, 1961, alleged to have been executed by the petitioner in favour of the opponent. The writ of summons of the suit was sent to the petitioner by registered post, but the cover containing the same was returned unserved through the postal endorsement "refused". As the petitioner remained absent at the hearing of the suit, an ex-parte decree was passed against him.

2. The petitioner made an application to the Small Causes Court for setting aside the ex-parte decree. In his application which was on oath, he stated that the registered letter containing the writ of summons was not tendered to him at any time. The learned Judge, however, refused to set aside the ex-parte decree, inter alia, on the ground that under section 114 of the Indian Evidence Act and section 27 of the Indian General Clauses Act the posting of a letter in due course raises a presumption about effective service.

3. I am afraid, the learned Judge has lost sight of the fact that sending

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