service of notice

Modifying the decree of the High Court, this Court, HELD:

1. Where the findings by the Court of facts are vitiated by non-consideration of relevant evidence or by an essentially erroneous approach to the matter, the High Court is not precluded from recording proper findings. [572-H]

1.1 The notices issued by the respondent to the appellant containing the averments that he was ready and willing to perform the contract which were not actually served on the appellant because of his refusal to accept them must be presumed to have been served as contemplated by Section 27 of the General Clauses Act..Therefore the High Court was right in relying upon the averments in the notices which could be treated as part to the plaint