Malduwa Ranasinghe Gamage Chandrika vs Heeralu Arachchige Piyasena – SC APPEAL 26/2019-2025

In the case between Malduwa Ranasinghe Gamage Chandrika and Heeralu Arachchige Piyasena, the court addressed whether an ex parte decree—obtained through substituted service based on the process server’s evidence as to the serving of summons—should be set aside, and whether the judgment of the High Court complied with the requirements for a formal judgment under the Civil Procedure Code. It was held that the findings of proper service, the reliability of evidence regarding the Appellant’s address, and the manner of service were well supported, and that the High Court judgment did not require interference on procedural or evidentiary grounds. This decision reaffirmed the principle that procedural regularity and evidentiary sufficiency in service of summons and the form of the Court’s judgmen

REF: SC APPEAL 26/2019-2025 Category: Tag:
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