Rankoth Pedige Kalyanawathie vs Muthugal Pedige Ratnawathi – CA RII 39/2023-2025

The court addressed whether the 4th Defendant-Petitioner was properly served with summons, as the Petitioner contended non-service and sought to set aside the existing partition decrees through an application for restitutio-in-integrum under Section 753 of the Civil Procedure Code and Article 138 of the Constitution. It was held that the 4th Defendant-Petitioner failed to establish non-service, as a presumption of proper service was sustained by evidence, including journal entries and the process server’s affidavit. Jurisdictional principles relating to service of summons were reaffirmed, and the application was accordingly dismissed with costs. The decision relied on Partition Law provisions, Section 114(d) of the Evidence Ordinance, and established jurisprudence, emphasizing that failure