In Brief
A plaintiff challenged the High Court's order remanding a civil suit for fresh trial after the defendants failed to file their written statement on time. The defendants were given opportunity to file the written statement on payment of cost (Rs. 11,250) as pre-condition. The Supreme Court upheld the High Court's approach, holding that procedural law must not be interpreted too technically to frustrate justice. The Trial Court should have granted reasonable additional time to defendants to file written statement subject to payment of cost to compensate the plaintiff, aligned with principles of natural justice that no one should be condemned unheard."
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