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
postman and same has not been followed. There
was no occasion for the postman to intimate the neighbours about the
refusal of summons ... family member never refused to accept the
summons or that the plaintiff obtained the report of refusal in
collusion with the postman, but the defendant
delivery of a postal article of any description to a postman or other person authorized to receive postal articles of that description for the post ... returned to the sender with the endorsement "refused", the postman must have tendered it but delivery could not be made because
Vihar,
Solanki Market, New Delhi59. The endorsement of the Postman is
"refused". It is dated 11.02.05. That letter
surprising for the complainant
because no postman from Punjabi Bagh Post came, so there was no
question of refusing the above said speed post. After ... Adhura Pata" so
there is no question of remark refusal. The postman further said that
the original envelop had been forged. It is further
execution petition
which they again tried to avoid by refusing of notices to the postman as well
as the process server. Further, there ... defendant refused to receive
the summons & taking into consideration this report & earlier report of
'Refused' by the postman, it is evident
gone through the trial court record. As per report of
postman, the appellant refused to accept the Registered AD letter on
15.07.2013 sent ... never served with the summons and the report of
refusal by the postman is false. However, he has not named the postman
enimical
sent to the landlord by
money order and that the same were refused by the landlord. In this
regard, Mr. Anturkar, learned senior counsel appearing ... respondent-landlords, the applicants had to examine the postman in
order to establish refusal. In absence of the evidence of postman,
failure to accept
mandatory provision.
Drawer refused to receive notice:- Where drawer had refused
to receive notice, even then complaint to be filed after expiry of 15
days ... 2010
Learned trial Court discussed this fact of refusal on the basis of
the statement of Postman Dharnu Singh (DW/2) and available
documentary evidence
When a registered notice is tendered by a
postman to the addressee and if he refuses to accept it,
then the presumption
