Whether sci regsitry accepts the speed post receipts as proof of services

yogesh (Querist) 04 January 2014 This query is : Resolved
Please inform me in Transfer Petition filed under section 25 of CPC whether registry accepts the speed post receipts for filing the affidavit in opposition by party in persons/AOR.
Please fwd the information as I will have to file the Affidavit in opposition in Transfer case pending before the Hon'ble Bench and the party is residing outside the Delhi
Thanking you,

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Guest (Expert) 04 January 2014
Along with speed post receipt you could file proof of delivery from speed post dept which you could even down load from speed post tracking website

Devajyoti Barman (Expert) 04 January 2014
You have to file it in person. Sending opposition by post would not do.

Rajendra K Goyal (Expert) 04 January 2014
Contact the Registry office.

yogesh (Querist) 05 January 2014
Thanks @ Devjyoti Bose sir, Surely we have to file the Affidavit in Opposition in person at the Registry.I am seeking about the serving the copy to the opposite party ( who is residing out side the city) .

Order 36-B rule 4 says that " affidavits shall not be accepted in the Registry unless they contain an endorsement of service signed by such parties"

In that case whether speed post receipts are sufficient that oppoisite parties are duly served

prabhakar singh (Expert) 05 January 2014
A receipt of speed post is proof of fact that you mailed a speed post on an address.It is not proof of service.However you could file proof of delivery from speed post dept which you could even down load from speed post tracking website,as already
advised by alias narasimha.

If the receipt contains full address of the addressee and it has been not returned then court can presume it to be served under c.p.c. but often a speed post does not contain full address of addressees on the receipts issued by post offices.

Guest (Expert) 05 January 2014
Well advised by Mr.Prabhakar Singh and you should always send letters with 'Acknowledgement Due' especially for legal matters.

ajay sethi (Expert) 05 January 2014
agree with experts

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