G. D. Samanmali vs G. Sanette Wijesiri – CA 207/1998-2012

In the case between G. Sanette Wijesiri (Plaintiff-Respondent) and G. D. Samanmali (3rd Defendant-Appellant) with other defendants, the court addressed the issue of whether an ex-parte judgment and decree, entered in default against the 3rd Defendant in the District Court of Kalutara, should be set aside for want of proper service of summons. It was held that the District Judge’s reliance on familial relationships to presume knowledge of proceedings was erroneous and unsupported by evidence. The principle reaffirmed was that valid service of summons is essential, and judgments rendered against parties not duly served are void ab initio. This decision relied on requirements for service of process and emphasized that courts cannot make crucial findings based on unsubstantiated presumptions.