The application under Order 9 Rule 13 CPC
itself had all the ingredients of the application
for condonation of delay in making that
application. Procedure is after all handmaid of
justice.” {Para 13}
12. From the above cases, it is clear that there was no need
to file a separate application for condonation of delay in
the present case as well. The High Court has erred in
taking a hyper technical view and concluding that there
was violation of mandatory provision of law. Endorsing
such a view would effectively mean ignoring the purpose
of judicial procedure. The procedure cannot stand in
the way of achieving just and fair outcome. In the
present case, the Appellant acted bona fide and
diligently. His conduct does not violate any rule of law.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SLP (C.) NO.11259 OF 2022
DWARIKA PRASAD (D) THR. LRs. Vs PRITHVI RAJ SINGH.
Author: VIKRAM NATH, J.
Citation: 2024 INSC 1030.
Dated: DECEMBER 20, 2024.
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