Single judge order dismissing an Appeal Suit for non-prosecution. The court held that registered notices returned unclaimed constituted deemed service under Section 27 of the General Clauses Act, 1897, warranting dismissal of the appeal.
The Appeal Suit is dismissed for non-prosecution. Pending miscellaneous petitions are dismissed.
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HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY APPEAL SUIT No. 2391 OF 1998
JUDGMENT:
On 05.08.2015, Sri N. Pramod, learned counsel for the plaintiffrespondent, reported that Sri C. Pattabhi Naidu, learned counsel for the defendants-appellants, is no more and at his request, notices sent to the to the appellants by registered post with acknowledgment due were returned as ‘unclaimed’, as per the endorsement on the notices. Though intimation was given about the notices and kept those notices in deposit for 4 days, the appellants did not claim the notices; therefore, it is a deemed service under Section 27 of the General Clauses Act, 1897. Hence, the Appeal Suit is liable to be dismissed.
Accordingly, the Appeal Suit is dismissed for non-prosecution.
In consequence, miscellaneous petitions, if any, pending in this Appeal, shall stand dismissed. No order as to costs.
_____________________________ M. SATYANARAYANA MURTHY, J Date: 10.09.2015. Dsh
HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
95
APPEAL SUIT No. 2391 OF 1998
Date.10.09.2015
DSH
2 issues framed by the court
Whether the Appeal Suit is liable to be dismissed for non-prosecution due to deemed service of notices.
The effect of unclaimed registered notices serving as deemed service under Section 27 of the General Clauses Act, 1897.
1 provisions across 1 enactments
M. SATYANARAYANA MURTHY
As recorded by the court registry
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