Gopalan Kamalanathan vs Lanka Orix Leasing Company Plc – SC CHC 23/2016-2024

In the case between Lanka Orix Leasing Company Plc and the defendants comprising Meera Mohideen Mohammadu Azar, Gopalan Kamalanathan, and Gopalan Padma Yogan, the issue of proper service of summons under the Civil Procedure Code was addressed. It was determined that the summons were duly served based on the process server’s affidavit and the statutory provision that renders such evidence as deemed correct. The holding reaffirmed the principle that an affidavit of service is conclusively accepted unless sufficient contrary evidence is provided. Reliance was placed on Sections 61, 84, and 86(2) of the Civil Procedure Code, with the conclusion that the ex parte decree was legally valid and the appeal was dismissed with costs.

ACHALA WENGAPPULI, J. — It was determined that the appellant e