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1 - 10 of 27 (2.57 seconds)Parimal vs Veena @ Bharti on 8 February, 2011
49. Firstly, as already discussed, service was 'duly effected', and the
repeated postal endorsements were either of 'refused' or addressee did not
approach despite information, which give rise to a presumption of due service
Signature Not Verified
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By:MANISH KUMAR RFA (COMM) 603/2025 15 of 16
Signing Date:28.11.2025
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under Section 27 of the General Clauses Act, 1897. Consistent with Parimal v.
Veena (supra), such a presumption can be rebutted only by evidence of
impeccable character, which appellant has not furnished.
Section 27 in The General Clauses Act, 1897 [Entire Act]
Section 5 in The Limitation Act, 1963 [Entire Act]
Section 101 in The Indian Evidence Act, 1872 [Entire Act]
Section 103 in The Indian Evidence Act, 1872 [Entire Act]
The Indian Evidence Act, 1872
Vishwabandhu vs Sri Krishna on 29 September, 2021
In light of Parimal v. Veena (supra) and Vishwabandhu v. Sri Krishna
(supra), such endorsements give rise to a statutory presumption of due service
under Section 27 of the General Clauses Act, 1897, which the appellant has
failed to rebut by any credible material. Appellant has neither disputed the
correctness of the addresses nor produced any evidence of impeccable
character to displace the presumption. Consequently, the Trial Court was
justified in treating service as duly effected and in proceeding ex parte when
appellant failed to appear or file a written statement within the prescribed time.
Ramlal, Motilal And Chhotelal vs Rewa Coalfields Ltd on 4 May, 1961
13. "Sufficient cause" is an expression which has been
used in a large number of statutes. The meaning of the
word "sufficient" is "adequate" or "enough",
inasmuch as may be necessary to answer the purpose
intended. Therefore, word "sufficient" embraces no
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By:MANISH KUMAR RFA (COMM) 603/2025 13 of 16
Signing Date:28.11.2025
11:52:15
more than that which provides a platitude which when
the act done suffices to accomplish the purpose intended
in the facts and circumstances existing in a case and
duly examined from the viewpoint of a reasonable
standard of a cautious man. In this context, "sufficient
cause" means that the party had not acted in a negligent
manner or there was a want of bona fide on its part in
view of the facts and circumstances of a case or the
party cannot be alleged to have been "not acting
diligently" or "remaining inactive". However, the facts
and circumstances of each case must afford sufficient
ground to enable the court concerned to exercise
discretion for the reason that whenever the court
exercises discretion, it has to be exercised judiciously.
(Vide Ramlal v. Rewa Coalfields Ltd. [AIR 1962 SC
361] , Lonand Grampanchayat v. Ramgiri Gosavi [AIR
1968 SC 222] , Surinder Singh Sibia v. Vijay Kumar
Sood [(1992) 1 SCC 70 : AIR 1992 SC 1540]
and Oriental Aroma Chemical Industries
Ltd. v. Gujarat Industrial Development Corpn. [(2010)
5 SCC 459 : (2010) 2 SCC (L&S) 50 : (2010) 2 SCC
(Cri) 1291: (2010) 2 SCC (Civ) 448])
Sarpanch, Lonand Grampanchayat vs Ramgiri Gosavi & Anr on 20 April, 1967
13. "Sufficient cause" is an expression which has been
used in a large number of statutes. The meaning of the
word "sufficient" is "adequate" or "enough",
inasmuch as may be necessary to answer the purpose
intended. Therefore, word "sufficient" embraces no
Signature Not Verified
Digitally Signed
By:MANISH KUMAR RFA (COMM) 603/2025 13 of 16
Signing Date:28.11.2025
11:52:15
more than that which provides a platitude which when
the act done suffices to accomplish the purpose intended
in the facts and circumstances existing in a case and
duly examined from the viewpoint of a reasonable
standard of a cautious man. In this context, "sufficient
cause" means that the party had not acted in a negligent
manner or there was a want of bona fide on its part in
view of the facts and circumstances of a case or the
party cannot be alleged to have been "not acting
diligently" or "remaining inactive". However, the facts
and circumstances of each case must afford sufficient
ground to enable the court concerned to exercise
discretion for the reason that whenever the court
exercises discretion, it has to be exercised judiciously.
(Vide Ramlal v. Rewa Coalfields Ltd. [AIR 1962 SC
361] , Lonand Grampanchayat v. Ramgiri Gosavi [AIR
1968 SC 222] , Surinder Singh Sibia v. Vijay Kumar
Sood [(1992) 1 SCC 70 : AIR 1992 SC 1540]
and Oriental Aroma Chemical Industries
Ltd. v. Gujarat Industrial Development Corpn. [(2010)
5 SCC 459 : (2010) 2 SCC (L&S) 50 : (2010) 2 SCC
(Cri) 1291: (2010) 2 SCC (Civ) 448])