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    <title>2022 (6) TMI 1530 - KERALA HIGH COURT</title>
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    <description>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.</description>
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    <pubDate>Thu, 23 Jun 2022 00:00:00 +0530</pubDate>
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      <description>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.</description>
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