SILVA

VS.

REGISTRAR GENERAL AND OTHERS

COURT OF APPEAL
GOONERATNE, J.
DR. FERNANDO, J.
CA/Rll/3/2016
DC PUTTALAM 2621/D
FEBRUARY 27, 2020

Revision and/or restitutio in integrum-Application to set aside ex parte decree absolute of divorce-Non-service of summons or decree nisi or absolute-Death of plaintiff at the time of application-Fraud- Exceptional circumstances-Alternative remedies-Delay

The petitioner had been living in separation from her husband since 2005. In 2009, her husband instituted divorce action against her in the District Court of Puttalam, giving the petitioner's address as "Pinwatte, Panadura." The case was fixed for ex parte trial after the Panadura Fiscal reported to court that summons had been served on the petitioner by pointed- out service. The ex parte decree nisi of divorce was entered against the petitioner on 09.09.2011, which was also reported to have been served on her at her Pinwatte address by the Panadura Fiscal. Thereafter the decree nisi was made absolute on 19.04.2012. The petitioner's husband

died on 06.05.2013. In August 2013, the petitioner instituted action in the District Court of Puttalam under section 839 of the Ci