Rehan Khan
On 7th January, the Delhi High Court, while passing the ruling in Rajeev Shukla vs. Gopal Krishna Shukla clarified that filing an application under an incorrect legal provision constitutes a curable defect as long as it does not cause prejudice to the opposing party.
Justice Ravinder Dudeja, while delivering the judgment, emphasized that errors in citing the correct Section or provision of law are not inherently detrimental if they do not mislead the court or the opposing party. The Court observed that such mistakes should be treated as “curable defects.”
The Court observed, “Mentioning the wrong Section of law in an application is generally not fatal to the case, provided the essence of the application remains clear and no prejudice is caused to either the court or the opposing party,”
The case involved a suit seeking recovery of damages, along with permanent and mandatory injunctions. The Trial Court had dismissed the petitioner’s application for condonation of delay in filing the written statement. This dismissal was based on the ground that the application had been filed under Section 151 of the Civil Procedure Code, 1908 (CPC) instead of the Limitation Act, 1963. Furthermore, the Trial Court had closed the petitioner’s right to file the written statement and struck off their defense.
Aggrieved by this decision, the petitioner approached the High Court. Justice Dudeja observed that courts should prioritize the substance of an application over its form, especially when the party’s intention and the relief sought are apparent. “Procedural errors, including citing an incorrect legal provision, should not outweigh substantive justice.”
The High Court directed the Trial Court to rehear the arguments on the application for condonation of delay, emphasizing that procedural lapses should not obstruct the path of justice.
Case Title: Rajeev Shukla vs. Gopal Krishna Shukla
Case Number: CM(M) 2342/2024 & CM APPL. 22074/2024
Bench: Justice Ravinder Dudeja