Wicramaratne Vs. Senanayake – sllr 2005 volume 1 page 222

In the case between Wicramaratne (Plaintiff) and Senanayake (Defendant), the court addressed procedural flaws arising from the absence of the mandatory affidavit required under section 705(1) of the Civil Procedure Code. The entire summary procedure was determined to be fatally defective due to this omission, compounded by additional irregularities including the lack of a returnable date on the summons, proceeding ex-parte without adherence to proper procedure, and reliance on a non-existent order nisi. The validity of the writ of execution was also scrutinized, as the decree had not been signed by a judge, rendering the execution process void. The court held that all actions and orders were to be set aside, the proceedings remanded for compliance with prescribed mandatory requirements, an