Commr v SS Sarvesh : Feb 2019 : Hon'ble Supreme Court
The case reminds of the subtle observation of J. Vivian Bose who had made the following
observations while dealing with the case arising out
of Order 9 and reminded the Courts of their duty
while deciding the case.
He held in Sangram Singh v Election Tribunal AIR 1955 SC 425 that
"A code of procedure must be regarded as
such. It is procedure something designed to
facilitate justice and further its ends: not a
penal enactment for punishment and
penalties; not a thing designed to trip people
up. Too technical a construction of sections
that leaves no room for reasonable elasticity
of interpretation should therefore be guarded
against".
J. A.M. Sapre held that appeal is a valuable right. It referred the remarks of Vivian Bose that the procedure is something designed to facilitate justice.
He explained that the dismissal on default and dismissal on merits are different. The former is behind the back of the litigant whereas in the latter it is after hearing the party.
Finally, the Judgment of Hon'ble Karnataka High Court was set aside.
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