J.M.Leelawathie Menike vs Wijemunige Gunatilake – CA REVISION NO. 323/2010-2010

In the case between Wijemunige Gunatilake and Thevarapperuma Arachchige Karunawathie (plaintiffs) and P.R. John Fernando (deceased, substituted legal representatives), M.M. Gunasekera, and J.M. Leelawathie Menike (defendants), the court addressed whether a District Court judgment granting relief to the plaintiffs was void where the Petitioner (added as 2nd Defendant) was not served summons. It was determined that the failure to serve summons on the Petitioner, who was added by amended plaint, constituted a fundamental procedural defect under the Civil Procedure Code, warranting the exercise of revisionary jurisdiction to set aside the resultant judgment and proceedings as void ab initio. The principle reaffirmed was that proper service of summons on every defendant is a mandatory requireme