Joyce Perera v. Lal Perera – sllr 2002 volume 3 page 008

In the case between Joyce Perera (plaintiff–respondent) and Lal Perera (defendant–appellant), the court addressed whether an order nisi made in respect of alimony pendente lite and costs could satisfy the requirement for proper service of summons, which is a strict prerequisite for fixing a case for ex parte trial. It was determined that service of the order nisi does not substitute for the mandatory service of summons stipulated under the Civil Procedure Code. The proceedings examined the conditions under sections 55, 84, 377, 754, and 88 of the Civil Procedure Code. The finding established that absence of proper service of summons invalidates the order for ex parte trial. The impugned order was set aside with a direction to permit the defendant to file an answer upon proper service, reaf