Hasini Dilshani Wijesinghe Jayawardane v. Pitakanda Wahumpurage Rohana Sumith Ananda et al. – SC APPEAL 207/2016-2016

In the case between Hasini Dilshani Wijesinghe (Plaintiff, represented by Amitha Damayanthi Konggahage) and Pitakanda Wahumpurage Rohana Sumith Ananda, KMD Samantha, Wajira Sumith Udunuwara (Defendants), the court addressed the validity of service of summons on the defendants and the consequences of alleged non-service under sections 60(2) and 62 of the Civil Procedure Code. It was held that the evidence provided by the Process Server regarding service of summons was inconsistent and did not satisfy the legal burden. The judgments of both the District Judge (refusing to set aside ex-parte order) and the Civil Appellate High Court (affirming the District Judge) were set aside. The underlying principle reaffirmed was that consistent and credible proof of service is mandatory before default j