Rohan Sushil Fernando vs acintha Patricia Saliman – CA RI 08/2020-2020

In the case between Rohan Sushil Fernando (Plaintiff-Petitioner) and Jacintha Patricia Saliman (Defendant-Respondent), the court addressed the legality and validity of service of summons and an ex-parte decree effected by courier, as well as the authority of a succeeding District Judge to rescind an earlier service order under Sri Lankan law. It was determined that, based on section 9 of the Civil Procedure Code, courts in Sri Lanka have jurisdiction to entertain actions against defendants residing abroad irrespective of enforceability of such judgments internationally. The principle that jurisdiction is determined solely by the applicable municipal law, without regard to international enforceability, was reaffirmed. This position is grounded in Miller v Murray (1952), which clarified that