Wednesday, 11 December 2019

What are exception to rule that court should liberally allow amendment of pleading ?

Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or Rule so mandates. Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice. Procedure, a handmaiden to justice, should never be made a tool to deny justice or perpetuate injustice, by any oppressive or punitive use. The well-recognised exceptions to this principle are:

(i) where the statute prescribing the procedure, also prescribes specifically the consequence of noncompliance;

(ii) where the procedural defect is not rectified, even after it is pointed out and due opportunity is given for rectifying it;

(iii) where the non-compliance or violation is proved to be deliberate or mischievous;

(iv) where the rectification of defect would affect the case on merits or will affect the jurisdiction of the court;

(v) in case of memorandum of appeal, there is complete absence of authority and the appeal is presented without the knowledge, consent and authority of the Appellant.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2431 of 2019 
Decided On: 01.03.2019

Varun Pahwa  Vs.  Renu Chaudhary


Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and Hemant Gupta, JJ.
Citation: 2019(6) MHLJ 827
Read full judgment here: Click here

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