Abdul Ali and Others vs Corimjee Tafferjee

Sale, J.—This was an undefended suit for the recovery of certain monies due on a bill of exchange. The sole question was whether the proof of the service of summons on the Defendant in this case was sufficient. The first affidavit of service of summons solemnly affirmed by Sheriff''s officer set out that he, in the usual course of his business, had despatched by registered letter a duplicate copy of the writ of summons to the said Defendant at Colombo in Ceylon, and that cover addressed to the said Defendant was received back from the General Post Office, undelivered, with the word "refused " written thereon. The said cover was filed in the office of the Registrar. The service of summons was held to be bad, and a fresh summons was ordered to be issued and served in the same way, but in the presence of one who knew the Defendant and his address. Accordingly one Mahomed Yusuf, who was personally acquainted with the Defendant and the place where he ordinarily resides with his family and carries on business, at Colombo, in Ceylon, accompanied the postman and saw him carry the cover sent by the Sheriff of Calcutta to the Defendant but the said Defendant in the presence of Mahomed Yusuff refused to accept the cover.