CPC-Constructive notice, not sufficient-‘Willful disobedience’ to be proved beyond doubt

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 diso...