11. It is settled principle of law, as laid down by the Hon'ble
Supreme Court in Bhagmal & Ors. v. Kunwar Lal AIR 2010 SC
2991, that a party, which claims to have substantial right, which
require adjudication by a Court of law, should not be denied the
opportunity of hearing, by not setting aside the order on hyper-
technical grounds.
In another case "Bhagwan Swaroop vs. Mool Chand" (1983)
2 SCC 132, Hon'ble Supreme Court held that court's approach
should be oriented with a view whether substantial justice is done
between the parties or technical rules of procedure are given
precedence over doing substantial justice in court. A code of
procedure is designed to facilitate justice and further its ends; not a
penal enactment for punishment and penalties.