Chandrasena vs Malkanthi – sllr 2005 volume 3 page 286

In the case between Chandrasena (plaintiff/petitioner) and Malkanthi (defendant/respondent), the court addressed whether the service of summons by the fiscal, with supporting affidavits relied upon as prima facie evidence under sections 59(1), 60(1), and 61 of the Civil Procedure Code, satisfied the statutory requirements. It was held that proper service had been effected and that an affidavit from the fiscal provided sufficient evidence of service. The decision reaffirmed the principle that failure by the defendant to rebut the presumption of service, especially when opportunity existed, renders an order invalidating service manifestly erroneous. This outcome relied on the interpretation of relevant provisions of the Civil Procedure Code, emphasizing that a fiscal’s affidavit constitutes