Heeralu Arachchige Piyasena vs Malduwa Ranasinghe Gamage Chandrika – SC Appeal No: 26/2019-2025

This case concerns an appeal against a High Court decision that upheld a District Court order dismissing the Appellant’s application to purge default in a divorce action, which had resulted in an ex parte decree. The central issues were the validity of summons service and compliance of the High Court judgment with procedural law. It was determined that the Appellant consistently used the address where service was effected, rendering the service valid. The appeal was dismissed.

Justice E.A.G.R. Amarasekara delivered the judgment, reviewing the procedural history and evidence concerning the Appellant’s claim of non-service of summons and fraudulent ex parte decree. It was concluded that the Appellant consistently used the address where summons was served, and the process server’s jurisdicti

REF: SC Appeal No: 26/2019-2025 Category: Tag:
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