Cooray, P.A. V. Fernando, H.J.G.

1953 Present : Swan J.

P. A. COORAY, Applicant, and H. J. G. FERNANDO, Respondent

Election Petition No. 6 of 1952, Kalutara

Election Petition-Presentation of petition-Failure to serve notice of it within prescribed time-Fatal defect-Modes of service of notice-Ceylon (Parliamentary Elections) Order in Council, 1946, Schedule 3, Rules 10, 15, 86 (2).

Where notice of the presentation of an election petition was sent by registered post to the successful candidate but the registered packets were not actually delivered to him until after the time limit of ten days prescribed by Rule 15 of Schedule 3 of the Parliamentary Elections Order in Council had elapsed-
Held, that when an election petition is presented the petitioner should serve notice of it on the respondent within the prescribed time. Failure to do so is a fatal defect. The fact that the respondent had knowledge of the presentation of the petition does not amount to notice and does not dispense with the requirement as to service of notice.

As to the mode of service, leaving copies of the notice and petition with the Registrar is not sufficient. Rule 10 of Schedule 3 is

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