Kulanthan Palaniyandy v. G. Premjee Limited – SC CHC NO. 25/2001-2010

In the case between G. Premjee Limited and Kulanthan Palaniyandy (doing business as Paramount Exporters), the Court addressed the issue of whether service of summons by substituted service under Section 60(2) of the Civil Procedure Code was properly effected, and whether the ex parte judgment and decree should be vacated in light of the Appellant’s alleged evasion of service. It was determined that the fiscal officer exercised due diligence, as evidenced by multiple attempts of service and clear testimony of active evasion by the Appellant. The findings established that the presumption favoring official acts, under the Evidence Ordinance, was not rebutted by the Appellant. The ex parte decree of the Commercial High Court was affirmed, the appeal was dismissed without costs, and the origina