Chandrapala Bandarigoda, Wickrama Stores, Pitigala vs D.O. Amaratunga, Digampitiya Ousada Osusala, Kurundugaha Hataekma, Elpitiya – CA NO. 1189/96-2011

In the case between Chandrapala Bandarigoda, Wickrama Stores, Pitigala (Plaintiff-Respondent) and D.O. Amaratunga, Digampitiya Ousada Osusala, Kurundugaha Hataekma, Elpitiya (Defendant-Appellant), the court addressed the propriety of service of summons required by law prior to an ex parte hearing and decree. It was held that irregularities in the service process, including the plaintiff’s unusual involvement and lack of proper affidavits, rendered the service defective. The principle reaffirmed was that procedural safeguards in serving summons are fundamental to ensuring a fair hearing. Reliance was placed on the Civil Procedure Code, highlighting the necessity that court processes be transparent and properly reasoned; the appellate intervention underscored that judgments lacking adequate