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The only ground which was urged in support of the appeal/application as the case may be before the First Appellate Court and the High Court was that there was no service of notice through process server or by registered post. It was contended that the information regarding decision of the appeal came to knowledge of the appellant before the High Court on 28th July, 2003 when the notice of caveat application filed before the High Court by respondent no.1 was received. It was averred that the reports of the process server were not correct. The notice by registered post was not served. In fact, there was no refusal as was made out by the plaintiff- respondent no.1. The postman who was examined clearly stated that there was no refusal by the appellant and the present respondent no.2.

The First Appellate Court analysed the factual position and placing reliance on the decision of this Court in State of M.P. v. Hiralal and Ors. (1996 (7) SCC 523), held that there was valid service of the notice sent by registered post. Further the evidence of the process server clearly established that notice has been served. The High Court dismissed the appeal finding that there was valid service of the notice regarding hearing of the appeal before First Appellate Court.

In support of the appeal, learned counsel for the appellant submitted that the First Appellate Court and the High Court clearly proceeded on erroneous presumption that the appellant and respondent no.2 had refused to receive the notice. The postman's evidence was not to the effect of any refusal. In fact, the evidence clearly established that at no point of time postman met the appellant. The High Court relied on decision which related to refusal and those decisions were not clearly applicable to the facts of the present case.