K. Thilakanada v. Seyder Saburdeen – CASE NO. 441/2002-2002

The case between Seyder Saburdeen and K. Thilakanada concerned whether the Defendant had been duly served with summons under the Civil Procedure Code before an ex parte judgment was entered. It was held that the District Court failed to comply with statutory procedural requirements for service of summons, thereby invalidating the ex parte judgment and decree. The decision reaffirmed the principle that proper service of summons is fundamental to the court’s jurisdiction, referencing Sections 59, 60, and 66 of the Civil Procedure Code and precedents such as Fernando v. Fernando and Ittepane v. Hemawathie, emphasizing that judgments rendered without due service are null and void and require inquiry and remedy.

A.H.M.D. Nawaz, J. — It was determined that the District Court did not establish