Case Note & Summary
The plaintiff filed a testamentary suit for probate or letters of administration. The court had directed the plaintiff to serve citation upon three other heirs, who were brothers and sisters of the defendant. One brother and one sister were admittedly served, and no caveat was filed by them. The defendant's counsel contended that another sister, Sujata Prashant Bhanushali, had not been served. However, the plaintiff filed an affidavit of service showing that Sujata had been served by registered post at her address in Heena Laxmi Niwas, 'B' Cabin, Thane (West). The postal endorsement indicated that she had refused service on 7th November 2012, and the registered packet was returned. The court noted that the defendant, who was present in court, confirmed that Sujata resided at that address. The court held that refusal of service by the addressee constitutes valid service, and the affidavit of service was sufficient proof. Since no caveat was filed by Sujata or any other heir, the court declared service complete and directed the hearing of the suit to proceed.
Headnote
A) Civil Procedure - Service of Citation - Service by Registered Post - Refusal by Addressee - The court considered whether service of citation upon a sister of the defendant was complete when the registered packet was refused by the addressee and returned with postal endorsement of refusal - Held that refusal of service by the addressee constitutes valid service, and the affidavit of service showing such refusal is sufficient proof - The court accepted service as complete and proceeded with the suit (Paras 1-2).
Issue of Consideration
Whether service of citation upon a sister of the defendant was complete when the registered packet was refused by the addressee and returned with postal endorsement of refusal.
Final Decision
The court held that service upon the sister Sujata Prashant Bhanushali is complete and accepted. No caveat having been filed, the hearing of the suit shall proceed.
Law Points
- Service of citation by registered post
- refusal of service by addressee constitutes valid service
- affidavit of service as proof of service
- no caveat filed after service
