6. The following new sections are hereby inserted immediately after section 705 of the principal enactment and shall have effect as sections 705A and 705B of that enactment:
| 705A. (1) The summons shall ordinarily be served by registered post. |
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| (2) | | (a) In the case of a corporation, the summons may be delivered to the registered office or if there is no registered office, the principal place of business of such corporation or body. | | |
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| (3) In every case in which the summons are sent by registered post to. a person other than the defendant, the court shall also forward a duplicate of such summons, and it shall be the duty of the head of department, employer or officer, as the case may be, to return such duplicate to the court forthwith with an acknowledgement of the summons by the defendant or with a statement of the service endorsed thereon and signed by the person effecting the service and countersigned by the person to whom the summons had been forwarded by court if he has not himself effected the service. |
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| (4) Where a defendant appears in court in person on summons being served on him in the manner referred to above, be shall produce his national identity card or a valid passport, as the case may be, and it shall be the duty of the judge to satisfy himself that the person who has appeared before him and the person on whom summons have been served in the manner aforesaid, is one and the same person. |
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| (5) Where a defendant is represented by a registered attorney, the attorney shall in the proxy tendered on behalf of the defendant, state the number of the identity card or the passport, as the case may be, of the defendant and shall also make an endorsement thereon certifying the identity of such defendant. Where a proxy is tendered on behalf of a company or a body corporate it shall be tendered under the seat of such company or the body corporate, as the case may be. |
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| (6) In this section-''head of department" |
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| 705B. (1) The court shall, where the summons having been so served and the defendant fails to appear, direct that such summons be served personally on the defendant by the delivering or tendering to him the said summons through any process officer of court or in any case where the plaintiff to a lending institution within the meaning the Debt Recovery (Special Provisions) Act, No. 2 of 1990, through the Fiscal or other officer authorized by court. In the case of a corporation summons may be served personally by delivering or tendering it to the secretary or like officer or a director or the persons in charge of the principal place of business of such corporation. |
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| (2) If the service referred to in the preceding provisions of this section cannot by the exercise of due diligence be effected, the Fiscal or other authorized officer shall affix the summons to some conspicuous part of the house in which the defendant ordinarily resides or in the case of a corporation or unincorporate body, to the usual place of business or office of such corporation or such body and in every such case the summons shall be deemed to have been duly served on the defendant.' |
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Sri Lanka Consolidated Acts