6. Insertion of sections 705a and 705¢ in the principal enactment,
ප්රතිචාර සහ සහායනිල ඉංග්රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.
The following new sections are hereby inserted immediately after section 705 of the principal enactment and shall have effect as sections 7054 and 705m of that enartment :—
. Summons 7035a, (1) The summons shall ordinarily be served by served by registered post.
registered post,
(a) In the case of a corporation, the summons may be delivered to the registered office or if there is no registered office, the vrincipal place of business of such corpora-tion or body.
Where the defendant is a public officer, court may send summons by registered post to the head of the department in which the defendant is employed, and it shall be the duty of such head of department to cause the summons to be served personally on the defendant.
Where the court is prima facie satisfied that the defeudant is in the emplov-ment of another person, the court may send the summons to the employer at his usual place of business or, where the employer is
1G a company or corpcration, to any secretary, manager or other like officer of the company or corporation, and it shail be the duty of such employer or officer, as the case may be, to cause tho summons to be served person-ally on the defendant.
,
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 depart-ment, employer or officer, as the case may be, to return such duplicate to the court forlhwith with an acknowledgement of the summons by the defendant or with a state-ment 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.
Where a defendant appears in courtin person on summons being served on him in the manner referred to above, he 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.
Where a defendant is represented by 2 registered attorney, the attorney shall in the proxy tendered on behalf of the defen-Jant, state the number of the identity card or the passport, as the case may be, of the defendant and shall also make an endorse-ment thereon certifying the identity of such defendant. Where a proxy is tendered on
1k behalf of a company or a body corporate it shall Le tendered under the seal of such company or the body corporate, as the case may be.
In this section—
“head of department ”—
when used with reference to a member of any unit of the
Sri Lanka Army, Navy or
Air Force, means the Com-manding Officer of that unit;
when used with reference to a person employed in a local authority, if the local autho-rity is a Municipal Council, means the Municipal Commis-sioner of that Council:
if the local authority is an
Urban Council or a Pradeshiya
Sabha, means the Chairman of that Council or Sabha;
when used with reference to any other public officer, means the head of the depart-ment of Government in which such person is employed;
and
“national identity card” when used with reference to any person, means the identity card issued to such person under the Registration of Persons Act, No. 32 of 1968.
705s.
Versonal
The court shall, where the 2
summons having been so served and the defendant fails to appear, direct that such summons he 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 is a lending institution é within the meaning the Debt Recovery
(Snecial Provisions) Act, No. 2 of 1990, through the Fiscal or other officer authorized ky court. In the case of a corporation sumipons 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.
If the service referred to in the prece-ding provisions of this section cannot by the exercise of due diligence be effected, the
Fiscal or other author:zed officer shall affix the summons to some conspicuos part of the house in which the defendant ordinarily resides or in the case of a corporation or unineorporate body, to the usual place of business cr office of such corporation or such body and in every such case the summons shal] be deemed to have been duly served on the defencant.’.