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Kuldeep Singh vs Ganpat Lal & Anr

Supreme Court Of India|05 December, 1995
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JUDGMENT / ORDER

Summary

Issue: Service of notice
Rule: Order X, Rule 14 of the Code of Civil Procedure, 1908 (CPC)
Application: The notice sent to the respondent on September 28, 1993, was returned with an endorsement "Not present. Hence return to sender." The petitioner sought to deem the notice as served on the respondent, as the respondent was avoiding service.
Conclusion: The application of Order X, Rule 14 of the CPC allows the notice to be deemed as served on the respondent, despite the respondent's avoidance of service. This has a positive impact on the petitioner, as it allows the petitioner to proceed with the case, whereas the respondent's avoidance of service would have otherwise hindered the progress of the case.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1 PETITIONER:
KARNATAKA PUBLIC SERVICE COMMISSION Vs. RESPONDENT:
P.S. RAMAKRISHNA DATE OF JUDGMENT: 17/01/1996 BENCH:
RAMASWAMY, K. BENCH:
RAMASWAMY, K. HANSARIA B.L. (J) MAJMUDAR S.B. (J) CITATION:
1996 SCC (2) 519 JT 1996 (2) 393 1996 SCALE (1)SP39 ACT:
HEADNOTE:
JUDGMENT:
O R D E R Though the notice was sent to the respondent on September 28, 1993, it came back with an endorsement "Not present. Hence return to sender". It would be obvious that the respondent is avoiding service. Notice must, therefore, be deemed to have been served on the respondent.
Leave granted.
The controversy raised in this case is covered by the decision of this Court in Karnataka Public Service Commission & Ors. vs. B.M. Vijaya Shanker & Ors. [(1992) 2 SCC 206].
Following the said decision, the appeal is allowed and the order of the Tribunal is set aside, but without costs.
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Title

Kuldeep Singh vs Ganpat Lal & Anr

Court

Supreme Court Of India

JudgmentDate
05 December, 1995
Judges
  • Kuldip Singh
  • S Saghir Ahmad Act Headnote

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