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.”

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