“Procedural law should not be construed in a manner which would leave the Court helpless”. Karnataka High Court issues guidelines regarding objections raised by the Registry.

M.F.A. No. 6390/2019 and connected matters. Order dated 22.10.2020

Link to Order: https://karnatakajudiciary.kar.nic.in/noticeBoard/MFA%206390-2019-and-con.pdf

Guidelines Issued:

(i) The Registry shall not raise an objection (item no.11 in
Form No.14) regarding failure to mention the age of a party in
the cause title so long as the parties are described either as
“major” or “minor.” If a party wants to claim the benefit of being
a senior citizen, he/she must state the age;

(ii) The objection regarding non-compliance of item no.12
in Form No.14 shall not be raised;

(iii) The objection regarding item no.35 in Form No.14
shall not be raised if I.A for bringing on record or a supporting
affidavit contains a statement either mentioning the date of
death of a party, or that the applicant is not aware of the date of
death;

(iv) The objection regarding item no.29 in Form No.14
shall not be raised;

(v) The objection regarding item nos.37 and 40 of Form
No.14 shall not be raised;

(vi) When a case can be heard without a party rectifying
a particular non-essential objection, it is the duty of the Court to
waive such objection and proceed to hear the case on the
merits.

In the light of the aforesaid discussion, the Registrar (Judicial) will issue necessary directions to the Appeal Examiners and other staff members in the light of what we have laid down in this decision.

Compiled by S. Basavaraj, Advocate, Daksha Legal.