The Jammu & Kashmir and Ladakh High Court has held that a postal receipt alone does not establish that court summons were duly delivered. Justice Rajesh Sekhri set aside an order rejecting the Jammu and Kashmir Government’s request to condone a 110-day delay in seeking to reopen an ex-parte decree directing payment of ₹20 lakh in damages.
Background
The dispute arose after Mehmooda Shaheen Medical Trust Hospital, through its chairman, filed a damages suit following the demolition of a structure at Tulsi Bagh, Srinagar. On December 18, 2012, the Additional District Judge, Srinagar, passed an ex-parte decree directing the government authorities to pay ₹20 lakh with 6% annual interest.
The authorities later sought to set aside the decree, stating that they had not received summons in the original proceedings and learnt about the suit only when execution proceedings began. The trial court rejected their request to condone the delay, relying on postal receipts indicating that summons had been sent.
Justice Sekhri explained that proof of posting and proof of delivery are distinct. The Court observed:
“A postal receipt proves only dispatch or posting, not actual or due delivery of the item, though it triggers a rebuttable presumption of service under law.”
The High Court noted that a presumption of service under Section 27 of the General Clauses Act, 1897, and Section 114 of the Indian Evidence Act, 1872, requires the court to be satisfied that the summons was properly addressed and sent to the correct address.
It further observed:
“otherwise a postal receipt would only confirm that item was handed over to the post office with correct address and prepaid charges but it would not verify that the envelope actually arrived at its destination.”
The Court also noted that delivery tracking reports, signed acknowledgements or official postal remarks may help establish service when it is disputed. It found that the trial court had relied solely on postal receipts without recording the required satisfaction.
Allowing the appeal, the High Court condoned the 110-day delay and set aside the order dated August 19, 2024.
It directed the trial court to reconsider the application to set aside the ex-parte judgment and decree after giving both sides a reasonable opportunity to be heard.
Case Details
Case Title: Union Territory of J&K & Others v. Mehmooda Shaheen Medical Trust Hospital
Case Number: FAO No. 35/2024
Judge: Justice Rajesh Sekhri
Decision Date: September 25, 2026
