Selliah Ponnusamy vs People’s Bank – SC CHC 01/2011-2016

In the case between People’s Bank (Plaintiff-Respondent) and Selliah Ponnusamy (Defendant-Petitioner-Appellant), the court addressed the issue of proper service of summons and the validity of an ex-parte decree. It was held that when the Defendant-Appellant established non-service of summons and the ex-parte decree, the burden of proof shifted to the Plaintiff-Respondent to rebut this claim. Failure to call the Process Server as a witness resulted in this burden not being discharged. The ex-parte decree and prior judgment were set aside, permitting the Defendant-Appellant to file an answer and directing the case to continue. The decision reaffirmed the principle that the service of process must be established by credible evidence when challenged, relying on the evidentiary standards requir