W. Gunasiri Alwis Vs. M.A. Somasiri and others – CA PHC 101/2005-2005

In the case between W. Gunasiri Alwis and M.A. Somasiri, District Inspector of Kollupitiya Ward, and The Commissioner, Municipal Council, Colombo 07, the court addressed the issue of service of notice regarding the deposit of brief fees in appellate procedure. It was held that the presumption of service applies when a notice sent by registered mail is not returned undelivered, thereby fulfilling the procedural requirement for service. The appeal was dismissed in accordance with Rule 13(b) of the preparation of appeal briefs (Court of Appeal 1978) on the ground that the statutory presumption of service stood unrebutted. This decision reaffirmed the principle that service by registered post, if not proven otherwise, is deemed effective service, impacting future procedural dismissals based on