Case Law Details
Makkhan Singh Vs Shyam Singh And 3 Others (Allahabad High Court)
CPC-Constructive notice, held not sufficient-‘Willful disobedience’ to be proved beyond doubt-Court not to proceed on surmises or inferences
As regards the contention raised on behalf of the plaintiff/petitioners with regard to presumption of service of notice in a case of a notice sent by registered post there can be no quarrel with the aforesaid proposition. However, in order to attract the provisions under Order XXXIX Rule 2A there has to be not mere ‘disobedience’ but it should be a ‘willful disobedience’ and the act of willful disobedience is required to be proved by cogent evidence and a person cannot be held to be guilty of the disobedience merely on the basis of a constructive notice or a presumption with regard to service of notice.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
1. Heard Sri Manish Dev Singh, learned counsel for the petitioner and Sri Sukesh Kumar, learned counsel appearing for the respondents.
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