FERNANDO v. FERNANDO et al.

Present: Sir Charles Peter Layard, Chief Justice, and Mr.
Justice Wendt.

FERNANDO v. FERNANDO et al.

D. C., Kurunegala, 1,710.

Substituted service-Requirements-Last known place of abode-Affidavit of service-Place of service-Practice-Civil Procedure Code, ss. 60, 87, and 371,

Substituted service should not be allowed unless the Fiscal has reported that he is unable, although reasonable exertion has been made by him to do so, to effect personal service, and the Court is satisfied on evidence that the defendant, against whom substituted service is applied for, is within the Island.

Where substituted service is allowed, the Court must prescribe the mode of substituted service, and it must do so on proper materials which satisfy it that the mode selected is the most perfect substitute for personal service which, under the circumstances, it is possible to obtain.

In a return of personal service the affidavit of the process server should state the place where the service was effected.

THE facts sufficiently appear in the judgments.

H. J. C. Pereira, for third defendant, appellant.

Sampayo, K.C., for the plaintiff, respondent.

Cur. adv

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