Bombay High Court
Sunder Spinner And Anr. vs Makan Bhula on 24 June, 1921
Equivalent citations: (1922)ILR 46BOM130, AIR 1922 BOMBAY 377(1)
JUDGMENT Norman Macleod, Kt., C.J.
1. We need say no more in this case than that the defendant on representing to the Court that he had not been offered the postal packet was entitled to a retrial, Service by registered post is at any time a poor substitute for personal service which is directed by the Court. It is allowed to litigants as a matter of convenience. But when sitting on the Original Side I have invariably allowed a defendant a retrial, if, after the decree had been passed against him on evidence that the summons was sent by registered post and returned refused, he appeared and denied that the packet had ever been delivered to him by the postal authorities. Rule will be made absolute.
2. Costs, costs in the cause.
Shah, J.
3. I agree.