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2023 Supreme(Online)(SC) 14329

H. SHASHIDHARA SHETTY, Registrar
PRIYANKA KUMARI – Appellant
Versus
SHAILENDRA KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: Kapil Chandna, Manish Kumar, Mukesh Kumar, Shashank Gusain, Akash
For the Respondents:

ORDER

As per the office report the notice issued to the sole respondent has returned with the remarks “unclaimed”. As it was held by the Hon’ble Supreme Court in K. Bhaskaran Vs. Sankaran Vaidhyan Balan and Another, (1999) 7 Supreme Court Cases 510 that when notice is returned as ‘unclaimed’, it shall be deemed to be duly served upon the contd…. Digitally signed by PRIYANKA MALIK Date: 2023.10.16 16:06:20 IST Reason:

    Signature Not Verified addressee and it is a proper service of notice. In the case of Ajeet Seeds Limited Vs. K. Gopala Krishnaiah (2014)12 SCC 685 (2014), the Hon’ble Court while interpreting Section 27 of General Clauses Act 1897 and also Section 114 of Evidence Act 1872 held as under :- “Section 114 of the Evidence Act, 1872 enables the court to presume that in the common course of natural events, the communication sent by post would have been delivered at the address of the addressee. Further, Section 27 of the 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. It is not necessary to aver in the complaint that in spite of the return of
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