Appuhannadi Kotahewage Ariyapala vs. People’s Bank – CA NO.388/99 F -1999

In the case between People’s Bank and Appuhannadi Kotahewage Ariyapala, the court considered whether service of summons was duly effected on the defendant in Colombo District Court Case No. 11997/MR, and whether the ex-parte decree could stand following the defendant’s application under Section 86(2) of the Civil Procedure Code to purge default. The findings established that affidavits from the Fiscal regarding service of summons serve as prima facie evidence, and the presumption of regularity in official acts applies where not controverted. The burden of proof to rebut service rested on the defendant, who failed to do so. The court held that the defendant had not discharged this burden, and therefore the ex-parte decree remained undisturbed. Reliance was placed on relevant statutory provi