1. you will have to file an appeal from order to challenge the stay order

2. the fact that certain property is sought to be acquired, ought to have been stated in the plaint and not mentioning the same does amount to suppression of material fact

3. but that wont help you much

4. you can always point out that fact in your written statement

5. even if the concerned person was not at home, you should have informed your family member to accept the parcel on your behalf

6. since the parcel was not accepted, the postman wrote the remark 'refused to accept'

7. in law, a refusal to accept is deemed to be acceptance of the parcel and knowledge of the contents therein by the recipient of the parcel

8. so that ground will not help you much

Once summons have been returned with remarks refused to accept it is proper service

2) if there is connivance between plaintiff and post man and complaint filed by you rely upon such complaint

3)take out application for setting aside exparte interim order

Service of Summon compulsory and should be affix outside house is house locked.

Due compliance of notice if sent through registered post and returned with the mark, house lock, refused, not in station etc.

file application to set aside ex parte.

In partition suit, BDA notification has no relevance.

1. if you know the case details which is apparent then appear in the suit and ask for its copy.

2. Once you are served with the copy of the application and the order passed therein you can prepare your defence and seek vacating the order passed therein.

3. To vacate the order of injunction you need to file an application under order 39 rule 4 of cpc.

3. Since I do not have much case details I can not comment on the merit of the case.

Sir,

As a matter of general rules of practice one should served a notice upon the other party when a fresh suit has been filed stating that they shall be moving the court for injunction orders. If then the other side fails to appear then if urgency is shown the court can proceed to pass necessary orders.

Dear Sir,

If post man done some mischief they you can initiate action against him through his department. Immediately rush to the Court and file application under order 39 rule 4 of CPC and get the ex parte injunction vacated. The Courts believe the endorsements of postal departments as bonafide. The remark ‘refused to accept’ goes to indication that the defendant has knowledge of contents of registered cover. Court will view issue seriously on your appearance and immediately it vacates the injunctions. It is error on record due to bonafide mistake

'Refused to accept' summons is deemed to be as proper service as per law.

You should fule an application under Order 39, Rule 4 to set aside ex parte injunction order passed against you.

Moreover, BDA notification for acquisition for some portion of the suit property does not amount of suppression of material fact as it is not related to partition.

You can also file complaint against the post man the postal department.

Regards.

If you have been set exparte then you may have to appear and file a set aside petition to set aside exparte order made against you.

After that you can file a petition under order 39 rule 4 to vacate the temporary injunction.