MONORANJAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service be kept with the record.

(2.) It appears from the affidavit of service that the private opposite party No.2 refused to accept the notice of the instant proceeding in spite of the same being tendered to him and the registered envelope was returned with postal remark "refused ".

(3.) Therefore, this Court can very well take the presumption of Sec. 27 of the General Clauses Act and holds that the notice of the instant proceeding is presumed to have been served upon the opposite party No.2.