Liberal restoration of appeal for curable procedural defects where access to justice and pandemic justified another opportunity.

An appeal dismissed for failure to cure defects relating to non-payment of additional court fee and non-furnishing of a certified copy of the impugned order was restored because the appellate authority had taken an unduly hyper-technical view. The Kerala HC held that, in the circumstances, a liberal approach was justified and that the interests of justice required one further opportunity to rectify the defects, particularly in light of the Covid-19 pandemic and the need to preserve access to justice. The dismissal was set aside and restoration was directed subject to curing the defects within the time granted.

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Issues: Whether the dismissal of the appeal for failure to cure the defects of non-payment of additional court fee and non-furnishing of a certified copy of the impugned order was liable to be set aside and the appeal restored.

Analysis: The appeal had been dismissed for failure to rectify defects noticed by the appellate authority, namely, remittance of the additional court fee and production of a certified copy of the order appealed against. The Court found that the authority had taken a hyper-technical approach and that, in the prevailing circumstances, a more liberal view was warranted. It held that interests of justice required one further opportunity to cure the defects, particularly having regard to the impact of the Covid-19 pandemic and the need to preserve access to justice.

Conclusion: The dismissal of the appeal was set aside and the appeal was directed to be restored on condition that the defects be cured within the time granted.

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