De Mel v. Nettasinghe – sllr 1993 volume 2 page 332

In the case between De Mel (Plaintiff–Appellant) and Nettasinghe (Defendant–Respondent), the court addressed the legal validity of service of summons when effected by pointing out the party to the fiscal, absent an affidavit verifying such service. It was held that, although the Civil Procedure Code does not impose a statutory obligation for an affidavit confirming personal service, strict caution must be exercised to ensure that the correct party is served, safeguarding the integrity of the process. Reference was made to Section 60 of the Code, as well as to Babun Nona v. Ariyasena and Mohottihamy v. Podisinno, reaffirming the principle that the efficacy of service is vital for providing parties with proper notice. The appeal was dismissed, affirming the lower court’s decision and reitera