Sunday 6 February 2022

Is notice affixed on the door of premises valid if there is no proof that attempts were made to serve notice personally?

 Section 239 gives the procedure relating to authentication of service of a valid notice. It is provided by sub-s. (1) that every such notice may be served in the manner provided for the service of summons in the Civil Procedure Code so far as may be applicable. The High Court found that the notice under s. 129 had not been served in accordance with law and no proof was adduced by way of an affidavit of the process server or any other officer of the Municipality that any attempt was made to serve the notices on the petitioners personally. It cannot be and indeed it has not been disputed that notices were not served in accordance with the procedure prescribed for service of summons in the Civil Procedure Code. Even if we (1)-(Civil Appeal No. 493 of 1967) decided on 3.5.1972.accept what Dr. Singhvi says that there was a refusal to, accept the summons and that was the reason for effecting service by affixation the provisions of O.5, R.19 of the Code were not complied with by the filing of an affidavit of the serving officer etc. All that has been pointed out by Dr. Singhvi is that the notices were produced along with the writ petitions which showed that they had been affixed to the premises and that in' the writ petitions it was admitted that notices had been affixed on January 9, 1968 on the properties of the petitioners. We do not consider that any such averment dispensed with the requirement of the statutory provision contained in S. 239 of the Municipal Act in the matter of service of notices.

 Supreme Court of India

State Of Jammu And Kashmir & Ors vs Haji Wali Mohammed And Others on 8 August, 1972

Author: A Grover

Citations: 1972 AIR 2538, 1973 SCR (1) 801
Read full Judgment here: Click here
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