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Judgment
Mr. Chand, learned advocate appears on behalf of appellant-husband and draws attention to order dated 6th December, 2023. Text of the order is reproduced below.
“1. Mr. Mishra, learned advocate appears on behalf of appellant-husband. He submits, the postal article has been returned with endorsement ‘absent’. 2. Registrar (Judicial) is directed to require the postal authority to either furnish proper reason for returning the postal article or cause service thereof. For the purpose, Registrar will hand over the postal article and its contents to the postal authority for doing needful. 3. List on 4th January, 2024.”
Registrar (Judicial) duly requested information and it was furnished on letter dated 4th January, 2024 by Senior Postmaster, Cuttack, GPO. By the letter report of Superintendent of Post Offices, Nayagarh Division was quoted. We reproduce the quote from said letter.
“It is revealed that RL No.RO120841651IN was received at Nakithana BO i.a.w. Gopalpur SO, PIN-752025 for delivery to the addressee i.e. Kuni Pradhan, w/o-Manoranjan Routray at present residing C/o-Nilamani Pradhan, Vil-Khandiabandha, PO-Nakithana, PS-Chandpur, Dist-Nayagarh, PIN-752025 in the month of March 2023. Sri Nrusingha Mallick, the then delivery agent (ABPM) Nakithana BO had visited the house of Kuni Pradhan to deliver the said letter but Kuni Pradhan was not present at home. The family member of Kuni Pradhan had told that Kuni Pradhan is staying at her in-law’s house but did not inform the complete postal address of her husband. Hence the said article was returned to sender with remark “absent”. Sri Nrusingha Mallick, the then delivery agent of Nakithana BO was supposed to put his dated initial below the remark “absent”, but he has failed to do. This is for kind informant and further necessary action.”
(emphasis supplied)
On query from Court Mr. Chand submits, respondent-wife is forcibly staying at his client’s home in native village. He submits, liberty be granted for his client to put in requisites for issuance of notice to his address in the native village.
Appellant has liberty to put in requisites for issuance of notice of appeal to respondent at his home in his native village. Appellant will furnish the address along with requisites. Thereupon the notice of appeal be issued requiring service return.
List on 23rd February, 2024.
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