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…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…

…He went on to hold that there was proper service. 21. Order V Rule 9 provides that wherever it is practicable service shall be made on the defendant in person, unless he has an agent empowered to accept service.…

…In our respectful view, the matter of proper service of notice in the instant case is a critical one. the failure to serve the statutory notice in accordance with section 74 (1) and (2) is fatal.…

…By omitting to include personal service in the rule, the Rules Committee clearly intended to indicate that personal service was not proper service.…

…In the Devan Nair case, the Court was considering, it can be said, generally whether or not proper service had been effected under rule 15. Yet reference was made on the absence of personal service.…

…Proper service within the laid down time regime ensures speedy settlement of election petitions – a matter of great public interest and matters the public is interested in as much as the parties; there should be no postponement…

…The Court had this to say “throwing a bundle of court documents to a party to be served with them does not constitute proper service of court process. It would be ridiculous to extend the rule to that limit”.…

…The court has no discretion where it appears there has been no proper service; Kanji Naran v Velji Ramji (1954) 21 EACA 20: and the power to set aside the judgment does not cease to apply because a decree has been extracted…