10. Section 55 of the principal enactment Is here-by repealed and the following new section substituted therefor: -
| 55.
| | (1) Upon the plaint being filed and the copies or concise statements required by section 49 presented, the court shall order summons In the form No. 16 in the First Schedule to Issue, signed by the Registrar of the court, requiring the defendant to answer the plaint on or before a day to be specified in the summons. The summons, together with such copy or concise statement each translated into the language of the defendant where his language Is not the language of the court, attached thereto, shall be delivered under a precept from the court In the form No. 17 In the said Schedule, or to the like effect, to the Fiscal of the court or to the Fiscal of a court of like jurisdiction within the local limits of whose jurisdiction the defendant resides, who shall cause the same to be duly served on the defendant, or on each defendant, if more than one, and shall as hereinafter provided, return the same and the execution thereof to the court, duly verified by the officer to whom the actual service thereof has been entrusted. | | |
| | (2)
| | | (a) Every party to an action, not appearing by a registered attorney, shall on or before the date specified in the summons deliver to the Registrar a memorandum substantially in the form No. 16A in the First Schedule setting out an address (hereinafter referred to as the ''registered address" for the service on him of the notice under section 80 and any other legal document required to be served on a party under the provisions of this Ordinance unless otherwise provided. Every party shall with such memorandum tender to the Registrar stamps to the value required to cover cost of service of such notice by registered post. |
| (b) Where a party appears by a registered attorney the address of the registered attorney contained in his appointment shall be deemed to be the registered address of such party; and such registered attorney shall, on or before the date specified in the summons, tender to the Registrar stamps to the value required to cover cost of service by registered post, of the notice under section 80. |
| (c) The despatch by registered post to the registered address of a party of the notice under section 80, and of any other legal document required to be served on him shall be deemed to be sufficient service. |
| (d) The Registrar shall keep and maintain a list of the registered addresses furnished to him under this subsection, which list shall be filed as part of the record of the case.'. |
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Sri Lanka Consolidated Acts