Sambhaji & Ors vs Gangabai & Ors on 20 November, 2008
8. When substantial law has granted relief, it is only procedural law that has dragged the appellant to the litigation. As a result of which the substantial relief granted by rule making authority, deprived the appellant from its genuine claim of credit due to delay in registration process prescribed. We may state that procedure is not tyrant of the law but is servant thereof and justice cannot be denied for reasons attributable to the procedural law. Honble Supreme Court in the case of Sambhaji Vs. Gangabai 2009 (24) ELT 161 (SC) held that procedural law should not dominate over the substantial law to deprive the litigant from the process of justice. Therefore, the procedural law deserves to be construed as directory instead of mandatory for its application. Paras 9, 10, 11 and 12 of the judgment are reproduced to appreciate the jurisprudence on the procedural law.