The Kerala High Court has asked Courts to make utmost attempt to dispose of matters on merit rather than on default and avoid taking hypertechnical approach unneccessarily.
The single-judge bench of Justice C.S. Dias adjudicating upon a petition againt Trial Court's dismissal of IA noting that no written statement was file when infact the same was filed but with some formal defect.
The petitioners were the defendants in Money Suit. They were set ex-parte. In response they filed an IA to set aside the ex-parte order. The Trial Court set aside the order on condition that the petitioners file their written statement on or before 17.12.2018. Even though, the petitioners had filed the written statement on the said date there was a formal defect in the same. Therefore, the Court below by the impugned order, dismissed IA and confirmed the ex-parte order.
The Court noted that undisputedly, the petitioners filed their written statement; but there was some formal defect in the same. It opined that the Court adopted hyper technical approch in passing order holding that no written statement was filed.
The same was unwarranted as per Court, especially when the petitioners had filed the written statement within the prescribed time period permitted.
The Court below ought to have granted the petitioners an opportunity to cure defect in the written statement, instead of taking the drastic step of rejecting the application. It is trite, Courts should make every endevour to dispose of a case on merits rather than on default."
The petition was thus allowed.
Source: TRTWorld and agencies
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