Wimalawathie and Others v. Thotamuna and Others – sllr 1998 volume 3 page 001

The case between Wimalawathie and Others (Plaintiffs) and Thotamuna and Others (Defendants) addressed the issue of whether an ex-parte decree should be set aside on the grounds that a Process Server filed a fraudulent affidavit regarding service of summons. It was held that the affidavit of service serves as prima facie evidence, but the burden of proof may shift during proceedings; specifically, if the defendants produce evidence suggesting non-service of summons, the onus then reverts to the plaintiffs to rebut such claims. This principle was reaffirmed with reference to procedural fairness, and the decision relied on established precedents regarding the standard and burden of proof in ex-parte proceedings. The outcome emphasized that inquiries on setting aside ex-parte decrees require f