service of notice
devojit goswami
(Querist) 21 September 2008
This query is : Resolved
The plaintiff filed a title suit mentioning the address of the defendant. Notice was sent. defendant responded to notice, filed written statement and contested the case.
In the first Appeal also notice was sent to the defendant in the same address. he responded to the notice and contested the appeal.
In the second appeal at the High Court also notice was sent in the same address of the defendant, but this time the notice was sent back with an endorsement of the postal department mentioning that the address was incorrect/addressee not found.
Is there any precedent that if notice is sent in the last known proper address and they are returned back with endorsements as mentioned above, notice can be deemed to have been served?
Kindly help me in this regard.
Jithendra.H.J
(Expert) 21 September 2008
plz read order 5 of Civil Procedure code
ARVIND JAIN
(Expert) 22 September 2008
no, in the meantime he might have changed his residence.