Ittepana v. Hemawathie – sllr 1981 volume 1 page 476

In Ittepana v. Hemawathie, the court addressed whether failure to serve summons on the defendant invalidates the court’s jurisdiction to grant a divorce decree, the extent of a court’s inherent jurisdiction to set aside orders compromising natural justice, and the limits of a district court’s powers after judgment. It was held that the absence of proper service of summons renders any decree entered against the defendant a nullity, thereby authorizing the court to set aside such proceedings. The principle reaffirmed is that jurisdiction is contingent on foundational procedural requirements, particularly valid service of summons. The decision drew on judicial precedents and Section 839 of the Civil Procedure Code, emphasizing that procedural defects involving service strike at the root of th