Ex-Parte Injunction in Partition Suit Without Proper Service

On the question of service of summons, the legal position is unfortunately not in your favour on this point. Under Indian law, when a registered postal cover is returned with the endorsement "refused to accept," it is treated as deemed service. The law presumes that the recipient had knowledge of the contents of the cover. The fact that you were not physically present at home does not automatically nullify this presumption, especially since no family member accepted the cover on your behalf. Your complaint against the postman may be pursued through the postal department but is unlikely to successfully challenge the deemed service before the civil court. Courts generally treat postal department endorsements as bonafide unless there is very strong evidence of deliberate fraud. On vacating the ex-parte injunction, you must act immediately. First, appear before the court and obtain a certified copy of the plaint, the injunction application, and the ex-parte order passed against you. Once you have these, file an application under Order 39 Rule 4 of the Code of Civil Procedure to vacate or modify the ex-parte interim injunction. If the ex-parte order was passed without following due procedure or without adequate grounds being made out, the court has full power to vacate it upon hearing your side. You should also file a written statement setting out your defence in the main partition suit without delay. If needed, you may also challenge the ex-parte order by filing an appeal from order before the appropriate appellate court. On the BDA acquisition notification, the legal position here is that non-disclosure of a BDA acquisition notification in a partition suit is unlikely to be treated as suppression of material fact in the strict legal sense, since the acquisition does not directly bear on the question of partition of shares among co-owners. However, it is still a relevant fact that affects the nature and extent of the suit property and you should specifically plead it in your written statement. It will be relevant when the court determines the share and value of the property to be partitioned and may also affect any final decree that is passed. File the Order 39 Rule 4 application at the earliest — delay in challenging an ex-parte injunction is viewed unfavourably by courts.