delivered. According to him, the report of the postman that the addressee had refused to accept the letter cannot be taken notice of or admitted ... remark 'refused' a presumption arises that the letter was refused by such person himself even though the word 'refused
notice by registered letter, which according to the endorsement of the Postman was refused to be accepted by the defendant. The postal receipt along with ... such notice was ever tendered to him by the Postman and he did not refuse to accept any notice from the Postman. In Puran Chand
view that there could be no presumption, that endorsement
of refusal was made by postman who was not examined. Such
endorsement was inadmissible in evidence ... 3368 of 1986 17
received back with the endorsement of the postman 'Refused,
Retuned to sender'. It was stated by the tenant
delivered. According to him, the report of the postman that the addressee had refused to accept the letter cannot be taken notice of or admitted ... remark "refused" a presumption arises that the letter was refused by such person himself even though the word "refused
made by the postman. The postman has not deposed that there was no witness available to attest the report of refusal. On that count also ... impossible for such a husband to get the endorsement of refusal made by a postman on such a registered letter. No doubt, postman has been
rebut the initial presumption of correctness of the report of Postman regarding refusal of service and it should be presumed that the service was effected ... proceeded against ex-parte on the basis of report of refusal made by the Postman. In any case the order dated
that even averments in the
writ petition regarding report of refusal by the postman, have been
verified on legal advise. Therefore, no cognizance was taken ... disbelieve the report of the Postman on the
registered letter which was returned with the
remarks-refusal to accept. Service is deemed to be
effected
made by the postman. The postman has not deposed that there was no witness available to attest the report of refusal. On that count also ... impossible for such a husband to get the endorsement of refusal made by a postman on such a registered letter. No doubt, postman has been
basis of notice sent through registered
cover and report of the postman regarding refusal, the defendant was
proceeded ex parte in the suit. The postman
were not as per the averments and even refusal had not been proved by
examining the postman concerned. Accordingly, a finding was recorded
that mandatory
