Formal defects in a written statement cannot defeat a defence when filing was timely; procedural error corrected on merits.

Where a written statement was filed within the time granted by the court, a merely formal defect in its presentation should ordinarily be cured rather than treated as non-filing. The High Court found the refusal to set aside the ex parte order hyper technical because it proceeded on the mistaken basis that no written statement had been filed at all. Supervisory jurisdiction under Article 227 was invoked to correct that procedural error and ensure the suit was decided on merits. The order was set aside, the defects in the written statement could be cured within the time allowed, and the suit was directed to proceed in accordance with law.

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Issues: Whether the order rejecting the petitioners' application to set aside the ex parte order, despite filing of the written statement within the time allowed but with formal defects, was liable to be interfered with in supervisory jurisdiction.

Analysis: The written statement had been filed within the time granted by the court below, and the only difficulty was the presence of formal defects. Rejecting the application on the footing that no written statement had been filed was held to be hyper technical and unwarranted. The appropriate course was to afford an opportunity to cure the defects and proceed with the suit on merits. The supervisory jurisdiction under Article 227 of the Constitution of India was invoked to correct the error.

Conclusion: The order was set aside and the petitioners were permitted to cure the defects in the written statement within the time granted.

Final Conclusion: Interference was warranted to prevent a procedural default from defeating adjudication on merits, and the suit was directed to proceed in accordance with law.

Ratio Decidendi: Where a written statement has been filed within the time permitted by the court, a formal defect in it should ordinarily be cured rather than used to deny a party the opportunity to contest the suit on merits.

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