Service of notices sent properly addressed, prepaid and by registered post would be deemed to be proper service.
High Court of Rajasthan Megha Insulation Private Limited and Ors. v. J.K. White Cement Work Gotan MANU/RH/0937/2016 17.10.2016 Civil Unless proved contrary, service of notices sent properly addressed, prepaid and by registered post would be deemed to be proper service. Instant appeal filed by Appellants aggrieved against order passed by Additional District Judge, whereby, application filed by Appellants under Order IX, Rule 13 CPC seeking setting aside of ex parte decree has been dismissed. Appellant claimed that, summons sent through registered post acknowledgment due were not served on Appellants and, in absence of service of summons, suit could not have proceeded and be decreed ex parte. Provisions of Order V, Rule 9 CPC which were inserted vide amendment in year 1999 and were again substituted in the year 2002, specifically provides that service of summons may be made by delivering a copy by registered post acknowledgment due addressed to the defendant provided that se...