refusal could arise only if the endorsement 'refused' was proved by evidence, and this could only be done by producing the postman ... postman unless the postman is examined and such endorsement was inadmissible in evidence. The Full Bench thus answered the question accordingly holding that postman
that summons of the suit were served upon the petitioner through refusal. Postman reported that petitioner had refused to accept the summons. The argument ... other side to examine the postman is not tenable. It is not necessary to examine the postman in such situation. The other argument is that
such averments or assertions viz. that
the endorsement made by the postman - "refused", was
false. In short, the appellant-applicant has not
established
ever any postal envelope/cover
containing notice tendered to them by any postman.
3. Record of the
learned District Forum shows that notices were sent ... Sector-6, Panchkula and as per report of the postman, they refused
to accept the same. In the cause title
of the complaint, one appellant
post is returned with the endorsement of the postman that the tenant or his agent refused to take the summon, the Controller after enquiry
that on the
registered envelopes the endorsement by the postman is that
the addressee has refused to receive the postal docket, in
respect whereof
post is returned with the endorsement of the postman that the tenant or his agent refused to take the summon, the Controller after enquiry
that the same
have been refused by petitioner no.1 - Kiran Wattamwar. The postal
acknowledgment in respect of refusal of packet containing the letter ... Respondent No.3
herein - Gajanan Suryawanshi) to examine the postman and prove the
factum of refusal of the packet containing communication about
directives. Reliance
that the same
have been refused by petitioner no.1 - Kiran Wattamwar. The postal
acknowledgment in respect of refusal of packet containing the letter ... Respondent No.3
herein - Gajanan Suryawanshi) to examine the postman and prove the
factum of refusal of the packet containing communication about
directives. Reliance
petitioner, that the respondent No.5 thereafter refused to accept the tender and also refused to issue acknowledgment of receipt of tender. The petitioner therefore ... works.
10 That the respondent No.5 refused to receive the tender. It is pleaded that Postman was not allowed to enter the premises
