PRASHANT KUMAR AGARWAL, J. - (1.) Heard learned counsel for the parties.
(2.) The defendant-petitioner has filed this writ petition under Article 226 read with 227 of the Constitution of India against the order dated 17.01.2015 passed by Additional District and Sessions Judge No. 10 Jaipur Metropolitan, Jaipur whereby the learned trial Court refused to grant opportunity to lead evidence by the petitioner in support of application filed under Order 9, Rule 13 C.P.C.
(3.) It was submitted by the learned counsel for the petitioner that the report of refusal made by the Postman on the registered letter is not absolute and it is rebuttable and, therefore, opportunity is required to be granted to the petitioner to show that the report made by the Postman is false and in fact he did not refuse the notice sent to him by way of registered post, but learned Trial Court did not consider this aspect of the matter in a correct perspective.;