Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates
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Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

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The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice. While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held – “It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording a reasonable opportunity.” Factual Background The disputed land consisting of a house was purchased by the petitioners from the respondent no. “Though there is no illegality or infirmity in the observation made by the Tribunal, but the Tribunal instead of remanding back the matter to the Authority/SDO for fresh adjudication, set aside the order of the Authority without appreciating the fact that any wrong committed by the Authority/SDO and any procedural defect should not be attributed to a party, who has approached the authority under a particular statute,” it added. and Ramnath Exports Private Limited v. Vinita Mehta & Anr., wherein it is commonly observed that procedural defects and irregularities, which are curable, should not be allowed to defeat substantive rights.

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