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Court should not decide a matter on hyper technical & unwarranted grounds
Case Law Details
- Case Name
- Zerita Ashlen Rocha Vs Ann Mary Varghese (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Kerala High Court
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Zerita Ashlen Rocha Vs Ann Mary Varghese (Kerala High Court)
It is undisputed that the petitioners had filed their written statement; but there was some formal defect in the same. The Court below even after noticing that the written statement was filed, rejected I.A.No.3123/2018 holding that no written statement was filed. Consequentially, Ext.P3 order was passed, confirming the ex-parte order.
On an appreciation of the pleadings and materials on record, I find that the course adopted by the Court below to be hyper technical and unwarranted especially when the petitioners had filed the writt...
