Dharmasena and Another v. The People’s Bank – sllr 2003 volume 1 page 122

In the case between Dharmasena and Another (Plaintiff) and The People’s Bank (Defendant), the court considered whether an order for an ex parte trial was justified under Section 84 of the Civil Procedure Code in circumstances where there were delays in filing a proxy and where the defendant had limited time after service of summons. The court held that a summons is deemed “duly served” only if the defendant is afforded a fair opportunity to present a case. The subsequent filing of the proxy corrected any initial irregularity, and the orders of 5.4.2002 and 10.5.2002 were found to be proper. The court thus refused leave to appeal, reinforcing the principle that procedural fairness and natural justice must guide the application of civil procedure, even when technical lapses occur, provided t