The court allowed a Notice of Motion seeking restoration of a suit dismissed in default. It held that service by RPAD with a 'Closed. Left' endorsement was sufficient, restoring the suit to file.
Notice of Motion allowed; suit restored to file.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3420 OF 2002
IN
SUMMARY SUIT NO. 718 OF 2002
M/s. Bharat Hosiery Mills ..Plaintiffs
versus
M/s. Anupam Textiles ..Defendants
Mr. T. M. Nadar for the Plaintiffs.
None for the Defendants.
CORAM : D. G. DESHPANDE,J.
DATE : 1ST NOVEMBER, 2004.
P.C. :
. Heard learned counsel for the Plaintiffs.
This Notice of Motion is taken out for restoration
of the suit which was dismissed in default on
27.11.2002. Defendants have been served as per the
affidavit of service dated 26.10.2004. They have
been served by RPAD but the packet returned with the
endorsement "Closed. Left". This is sufficient
service. Therefore notice of motion is allowed.
Suit is restored to file. Notice of Motion disposed
of accordingly.
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1 issue framed by the court
Whether service by RPAD with a 'Closed. Left' endorsement constitutes sufficient service to justify restoration of a suit dismissed in default.
D. G. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court