Shri Ramkrishna S/O Late Shri ... vs Vinay Agarwal S/O Late Shri Dinesh ...
2022 Latest Caselaw 4900 Raj/2

                                           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                 S.B. Civil Writ Petition No. 12896/2021
                                   Shri Ramkrishna and Anr.
                                                                                                     ----Petitioners
                                                                      Versus
                                   Vinay Agarwal and Ors.
                                                                                                   ----Respondents

For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. R.K. Agarwal, Senior Advocate with Mr. Veyankatesh Garg

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 18/07/2022 The matter comes up on an application (2/2022) filed by the

petitioners for drawing a presumption of service of notice upon the

respondent no.6.

Learned counsel for the petitioners/applicants submits that

the registered notice sent to the respondent no.6 has returned

with the endorsement "left" and hence, a presumption of service

should be drawn. He, in support of his submission, relies upon a

judgment of the Hon'ble Apex Court of India in case of C.C. Alavi

Haji vs. Palapetty Muhammed and Anr.: 2007 AIR SCW

3578.

Learned counsel for the respondents did not dispute the

aforesaid legal position.

In view thereof, the application is allowed.

Presumption of service on the respondent no.6 is drawn.

Service is complete.

List on 23.08.2022 as prayed jointly.

(MAHENDAR KUMAR GOYAL),J

MADAN/48

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