A.RAMA RAO Vs. RAGHUNATH PATNAIK

JUDGEMENT

(1.) THIS Letters Patent Appeal arising out of a suit filed for specific performance of contract was disposed of by a Division Bench of this Court on October 17,2001. Being aggrieved the defendants have approached the Honble Supreme Court in Civil Appeal No.5130 of 2005. The Honble Supreme Court by judgment dated April, 24, 2007 has directed as follows : -

(2.) THE matter was therefore taken up for hearing once again.

(3.) THE trial Court after discussing the evidence in extenso in para -13 of its judgment dealt with the notices Exts.7, 8 and 9 purported to have been issued by the plaintiffs advocate on March 29, 1984. It found that Ext.7 issued to defendant No.1 had returned undelivered with an endorsement that the addressee was absent. Exts.8 and 9 stated to have been issued to defendant Nos.2 and 3 had returned unserved with the endorsement "Addressee Refused. Hence return to sender". The trial Court further found that there was endorsement on the registered letter to show that effort was made by the postman concerned to deliver the same to the addressees but could not do so as defendant No.1 was absent and defendant Nos.2 and 3 refused to receive the same.