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appropriate Court by filing a memo and the appropriate trial Court by its order has accepted the said evidence, the defendants now cannot take the advantage of a mistake made by a Court and raise a technical objection since the defendant himself has permitted to take such an evidence on record.

37. The Apex Court in the case of Oil and Natural Gas Limited (stated supra) has held in para Nos. 19 and 21 as under:

"19. In the instant case, a copy of the decree has not been filed by either of the parties. The judgment and order dated 21-9-2006 shows that the plaints were received and registered on 24-3-1986. The respondent cannot be permitted to take advantage of a mistake made by the court and raise a technical objection to defeat the cause of substantial justice. The legal maxim, actus curiae neminem gravabit i.e. an act of court shall prejudice no man, comes into play. [See Jayalakshmi Coelho v. Oswald Joseph Coelho and Bhagwati Developers (P) Ltd. v. Peerless General Finance Investment Co. Ltd.