Singh Baghel, learned counsel for the
respondent further submitted that the technical plea raised by the
respondent regarding defective affidavit was raised after seven years ... learned Judges of the Division Bench has appreciated that
the technical plea raised by the respondent regarding defective affidavit was
raised after seven years
parties and that right
should not be deprived of by technical pleas. The court
must go into the circumstances and intention of the party
parties and that right
should not be deprived of by technical pleas. The court
must go into the circumstances and intention of the party
reason why we should entertain such a technical plea when the
High Court has done substantial justice to all concerned."
From the analysis
Smt. Neera Yadav vs C.B.I. (Bharat Sangh) on 25 January, 2006
Bench: Syed
Laxmibal R Tarte , that the State authorities should not raise technical pleas if the citizens Have a lawful right and the lawful right is being
litigant with a weapon of technical plea against his opponent, but to secure revenue for the benefit of the State. It is also argued that
Industrial Law by tiring them out in adjudication proceedings raising technical and hyper-technical pleas. Industrial adjudication in bona fide claims have been dragged
Order 1 Rule 10, CPC is to discourage contests on technical pleas and to save honest and bona fide claimants from being non-suited
mental state of the mind. However, the petitioner has raised a technical plea that there was an exparte order, appointing a court guardian and unless
