Law: Civil Procedure Code (V of 1908)

Section: 0. XLIII, R. 3

(a) Civil Procedure Code (V of 1908)--

-0 XLII            R 3--General Clauses A-ct (X of 1897             S.27--Qanun-e- Shahadat (10 of 1984), Art. 129--Contract Act (IX of 1872), Ss. 4 & 5--Filing of appeal--Service of notice on respondent--Requirement and presumption. Rule 3 of Order XLIII, C.P.C. enjoins merely that an appellant will "give notice" by fulfilling the prescribed requirements and its mode has, however, not been prescribed so that he is free to adopt any legal manner for this purpose but it is not that he will also be responsible even for the actual service of a registered notice, if he elects to give notice by such a course, inasmuch as a legal presumption about service of a registered-post notice, in the absence of proof to the contrary, also arises under section 27 of the General Clauses Act, 1897 and a similar presumption arises even under section 114 of the Evidence Act, 1872.