TMI Blog1931 (6) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... th the Defendant shortly before his death and that, after his death, the Defendant was willing to return the money to whomsoever was entitled to it, but that the Plaintiff Joy Gopal set up a story--which the Defendant says was a false story--that he himself (Joy Gopal) had deposited this money with the Defendant. It appears that the father Hari Narayan left a Will and that his widow is the executrix of his Will. Before the suit was brought, the Plaintiff's Attorney obtained from the executrix a letter written by her pleader disclaiming all interest to the sum of ₹ 4,400 and the executrix pledges her own personal knowledge that the money was given to the Defendant by her son Joy Gopal and not by her late husband. 2. A good deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eft Calcutta for Madhupur on the 1st of December. On the 8th of December, the Plaintiff's attorney wrote to the Defendant's attorney giving notice of the fact and enquiring whether the Defendant's attorney would accept service of the writ of summons herein. To that, however, no reply was immediately given, but the enquiry was repeated on the 10th of December. On that day, the Defendant's attorney who, as I have already explained, had been engaged in, correspondence on this subject wrote to the Plaintiff's attorney, I have had no instruction to accept service of the writ of summons herein. Babu Haripada Dutt is at Madhupur but I do not know his address there. 6. The next thing which happened, so far as we can trac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he house; so that when the peon came with that registered letter there was nobody to receive it and, in particular, the Defendant never got the registered letter tendered to him. By way of adding details to that story--whether it be true or not--we have this further fact that on the 26th the Defendant wrote to the Post Master at Madhupur, saying that a letter had been tendered and had been refused in his absence on the 24th and there is the reply of the Post Master to say that the letter came back and had been returned. The Defendant's story is not that he did not know that this letter contained a writ, not that he did not know of the proceedings, but that he meant to tell his attorney to accept the service of the writ; but he gave this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and then no doubt by way of putting the Plaintiff to the maximum possible trouble, an application was made to set it aside at a considerably later date. In my opinion, the learned Judge was well entitle to be most suspicious of this story that the letter was not offered to the Defendant because he was away at the particular moment when most unfortunately the peon took the letter to his house. I strongly suspect that, if that letter had contained a cheque for a thousand rupees, the Defendant would have received it and there would have been no trouble. It is a very curious thing that a man should go to Madhupur surrounded by a number of persons no one of whom is competent apparently to receive a letter on his behalf. In my judgment, the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivery of the packet. The Defendant told another story and denied that the packet had been delivered to him. Thereupon, the learned Chief Justice, after observing that service by registered post is at any time a poor substitute for personal service which is directed by, the Court (I think that means by the Code ) observes: It is allowed to litigants as a matter of convenience. But when sitting on the original side I have invariably allowed the defendant a retrial, if, after the decree had been passed against him on evidence that the summons was sent by registered post and returned refused, he appeared and denied that the packet had ever been delivered to him by the postal authorities. 9. I can only say that I hope no such ruling wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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