Singho Appu vs Mendis – clr volume 2 page 041

The case between D. C. Kandy and Singho Appu (Plaintiffs) and Mendis (Defendant) addressed the issue of whether a returned unserved summons may be reissued without affixing an additional fiscal stamp or whether the reissued summons should be treated as a new summons requiring fresh stamp duty. It was held that once the requisite fees for the execution and service of process have been pre-paid, no further fee or fiscal stamp is necessary upon reissuance of a summons until service is effected. The decision reaffirmed that the relevant statutory provisions, including the Fiscal’s Ordinance 4 of 1867 and Stamp Ordinance No. 3 of 1890, do not mandate the affixing of a new stamp for reissued summonses under these circumstances. This ruling clarifies the procedure and reduces unnecessary costs fo