Ors vs Ashimananda Mondal And Ors on 10 July, 2025

Calcutta High Court

Ors vs Ashimananda Mondal And Ors on 10 July, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-6
                             IA No.GA/1/2025
                                CS/56/2025

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE


                                      SUBHENDU KUMAR MONDAL AND
                                      ORS.
                                             -VERSUS-

                                      ASHIMANANDA MONDAL AND ORS.

  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 10th July, 2025.

Appearance:

Ms. Priyanka Gope, Adv.

…for the plaintiff.

The Court: This is an application wherein the plaintiff is seeking

the appointment of defendant no.3 as the guardian of defendant no.5 who is

a minor and defendant no.6 as the guardian of defendant no.8, who is also a

minor. By an order dated 1st July, 2025 the plaintiffs were directed to serve

a copy of the application upon the defendant nos.3, 4, 6 and 7 as they

remained unrepresented. The plaintiffs have placed before this Court

envelops respectively addressed to defendant no.3 and defendant no.4 which

has come back undelivered with the postal endorsement “refused”.

Although “refusal is presumed to be good service” and the matter can be

proceeded against the defendant nos.3 and 4 but keeping in mind that the

interest of the minor is involved and there has to be a statement from the

side of the guardian that he/she has no interest adverse to or against the

minor, a further attempt should be made to permit the defendant nos.3 and

4 to be present before the Court.

2

So far as the defendant nos.6 and 7 are concerned, the postal

envelops dispatched to the said defendants have not yet come back

undelivered. If an envelop is correctly addressed and properly stamped and

does not come back undelivered, it is also presumed to be good service in

view of the provisions of the General Clauses Act, 1887. However, the same

issue also involves the defendant nos.6 and 7 as the interest of defendant

no.8, being a minor, is again involved.

In the aforesaid facts and circumstances, the plaintiffs are directed

to serve sufficient number of copies of the application along with the orders

passed therein including the instant order to Jorabagan Police Station

within the local limits of which, as per the cause title the defendant nos.3, 4,

6 and 7 reside. Jorabagan Police Station on being approached by the

plaintiffs shall make an endeavor to deliver the copy of the application upon

the defendant nos.3, 4, 6 and 7 and inform this Court as to the fate of such

attempt to serve the defendant nos.3, 4, 6 and 7 on the next date.

Let this matter appear on 28th July, 2025.

(ARINDAM MUKHERJEE, J.)

A/s.