TM. Tennakoon Vs. Seemitha Nuwara Eliya District Sakasuruwam and Naya Ganudenu Samupakara Samithiya – CA CASE NO. 751/2000-2000

In the case between Seemitha Nuwara Eliya District Sakasuruwam and Naya Ganudenu Samupakara Samithiya (Plaintiff-Respondent) and T.M. Tennakoon (Defendant-Appellant), the court considered whether non-compliance with procedural requirements under the Civil Procedure Code and the Bills of Exchange Ordinance—specifically, the failure to serve summons in the prescribed Form 19, inconsistencies in the sum claimed, and lack of proper notice of dishonour—constituted fatal defects invalidating the proceedings. It was held that, although failure to serve the prescribed form of summons could be waived by conduct, the absence of clear evidence as to the amount “justly due” and the failure to provide requisite notice of dishonour for all but one cheque were fatal defects necessitating dismissal of the