Mousumi Das vs Chandan Das

Bibek Chaudhuri, J

CAN 8284 of 2019 is an application filed by the opposite party praying for recalling of the order dated 18th June, 2019 passed by this Court allowing

an application under Section 24 of the Code of Civil Procedure registered as CO No.1233 of 2019.

It is pertinent to mention at the outset that the said application came up for hearing on 18th June, 2019 when the learned Advocate for the petitioner

has filed affidavit-of-service showing, inter alia, that the notice of the said application was duly tendered upon the opposite party but he refused to

accept such notice. In view of such postal endorsement, this Court held that the notice was duly served upon the opposite party, but he had not

entered appearance and accordingly the application under Section 24 of the Code of Civil Procedure was heard and disposed of exparte.

It is contended by the opposite party that he had no knowledge about the filing of the said revisional application under Section 24 of the Code of

Civil Procedure by the petitioner. The residential address of the petitioner is Chakdah Chowmatha, District Nadia, but the petitioner falsely mentioned

his address as in Chakdah, P.O and P.S Chakdah Chowmatha, Nadia, Pin-741222. According to the opposite party there is no P.O and P.S under the

name of Chakdah Chowmatha. The notice was not served upon the opposite party. As it was sent in wrong address, the petitioner managed to obtain

a postal report “refused†on the postal envelop and falsely used the same in order to get the said revisional application disposed of exparte. So, the

opposite party has prayed for recalling of the order dated 18th June, 2019 and permit the opposite party to contest the said revisional application.

I have heard the learned Advocate for the opposite party and the petitioner at length. Learned Advocate for the petitioner did not dispute that there

is no post office under the name “Chakdah Chowmathaâ€​. However, from the address written on the postal envelop, I find that the notice was sent

to Chandan Das son of Late Jiten Ch. Das resident of Chakdah. The name of the P.O and P.S was stated as “Chakdah Chowmathaâ€. Postal

identification No.(PIN) of Chakdah post office was correctly written in the petition. From the reverse side of the postal envelop it is found that the

postal envelop was received at Chakdah post office on 27th April, 2019. From the speed post receipt, it is also ascertained that the notice was sent to

Chandan Das of Chakdah, Nadia and the said notice was refused. Learned Advocate for the petitioner has taken a specific plea that Chakdah is a big

township having total population of 133856 as per census held in the year 2011. Since the address of the opposite party was wrongly written, it may

also be a fact that it was tendered to some other person of the same name who refused to accept the said postal envelop.

There may be number of persons in a particular township of same name, but there is hardly any possibility that the father’s name of two

persons having same name will be identical. In the instant case it is not disputed that the father’s name of the opposite party was correctly written.

Though the name of the post office was written as Chakdah Chowmatha in the envelope containing copy of notice, it was received by Chakdah post

office on 27th July, 2019 as is evident from the postal seal appearing on the reverse side of the envelope. The endorsement “refused†was made

by the postal peon on 7th May, 2019. Prior to that, there are other dates when the postal peon attempted to serve the notice to the opposite party.

Moreover, the postal identification No. (PIN) of Chakdah post office was correctly stated in the postal envelop.

Under such circumstances, I am not in a position to hold that this Court committed any error in accepting the postal endorsement under the

provision of Section 27 of the General Clauses Act.

For the reasons stated above, I do not find any merit in the instant application.

Accordingly the application is rejected on contest, however without any cost.