Leelawathie v. Jayaneris and Others – sllr 2001 volume 2 page 231

In the case between Leelawathie (Plaintiff-Respondent) and Jayaneris and Others (Defendants), the court addressed the issue of whether improper service, or non-service, of summons invalidated the legal consequences typically imposed for default in appearance under the amended Civil Procedure Code. It was determined that, given procedural irregularities—including failure to issue and serve proper summons in the prescribed form—the ex-parte trial orders against the 1st to 3rd Defendants were invalid. The principle reaffirmed is that strict compliance with statutory requirements for service of summons constitutes a mandatory precondition for any legal consequences of default to operate. This decision emphasized the necessity of compliance with the relevant provisions of the Civil Procedure Co