Courts Should Make Every Endeavour To Dispose A Case On Merits Rather Than On Default

Case: Zerita Ashlen Rocha & Anr v. Ann Mary Varghese

Coram: Justice C.S Dias

Case No.: OP(C) NO. 340 OF 2019

Court Observation: “I find that the course adopted by the Court below to be hyper-technical and unwarranted especially when the petitioners had filed the written statement within the prescribed time period permitted by the Court below. 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.”

Previous Posts

Bottles For Sample Collection Not Cleaned On Spot: Gujarat High Court Upholds Acquittal For Alleged Offences Under Food Adulteration Act

Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers’ Suspension Beyond 15 Days: High Court

S.19(2) Food Adulteration Act | Vendor Not Liable For Articles Purchased From Manufacturer With Written Warranty: Gujarat High Court

Defamation Cases For Reporting Details Of FIR Nothing But Attempt To Stifle Reporter: Bombay High Court

Conducting Exams For LLB Admissions- University Rules Prevails Over Bar Council Of India Rules: Gujarat High Court

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates

It Has Never Been The Effort Of Courts To Make Death Penalty Redundant Or Non Existent: Supreme Court

Second Appeal: Judgment Should Not Be Interfered With By High Court Unless There Is A Substantial Question Of Law, Reiterates Supreme Court Download Judgement

School Girl Injured After Conductor Signals Driver To Move While She Was Boarding The Bus: Kerala High Court Upholds Conviction U/S 308 IPC

Rent Controller Cannot Call Upon Landlord To Carry Out Repairs Of Tenanted Premises Under Delhi Rent Control Act: High Court

Delhi High Court Permanently Restrains Pharmaceutical Products Manufacturers From Using LOOZOUT Trademark, Imposes Rs. 2 Lakhs Cost