Kalamua Khadim vs Amir Ali Khalifa and Mahmod Sayad

This appeal must be allowed. The learned Subordinate Judge disagreeing with the Munsif has found that the plaintiff has failed to prove service of notice which was sent through registered post. The proof of the posting was duly given. The registered envelope was produced in Court with an endorsement said to have been made by the postal peon, stating that the addressee refused to accept the letter. On that, the learned Judge purporting to act on a decision of this Court came to the conclusion that the service of the notice was not duly proved. Even assuming that the decision on which the learned Judge has relied says that, it is quite clear that on a point like this, when the appellant has got an earlier decision, of this Court in his favour which has been acted on on more than one occasion, he ought to have an opportunity of proving the service of the notice by producing other evidence. The case must go back to the Court of first instance to be re-heard as regards the actual service of the notice on the defendant. Cost will abide the result of the re-hearing by the Court of first instance.