governmental and public authorities, of denying just claims of citizens on technical pleas, even though the claim lodged with them was otherwise well founded ... governments and public authorities adopt the practice of not relying upon technical pleas for the purpose of defeating legitimate claims of citizens and do what
instead of throwing out a case on
a technical plea like that of limitation.
Besides this, courts are respected for doing justice between the parties ... throwing out cases on technical pleas like that of limitation.
6.
We are also aware
that a litigant does not stand to gain anything
brought to our
notice on behalf of the appellants.
Accordingly this plea urged by Mr. Verma, learned Counsel for the
appellants is hereby rejected ... shun the same by raising frivolous as well as hyper-technical pleas. Once this conclusion is arrived at, there is
no question of respondent
evident that he
contested the case on his own several technical pleas about non-
joinder of parties as raised by the respondent has been rightly ... court in connection with the case of the medical
negligent the similar pleas was raised held, "Once a patient is
admitted in a hospital
governments
and public authorities adopt the practice of not relying upon technical
pleas for the purpose of defeating legitimate claims of citizens ... course, if a government or a
public authority takes up a technical plea, the Court has to decide it
and if plea is well-founded
aside and complaint allowed.
10. We
shall first take up the plea of jurisdiction raised on behalf of the
respondents. As already observed appellant
retired ... reasonable and just manner, whereas they have chosen to take all
technical pleas to thwart even the admitted claim of the appellant
damage done. The denial of claim is virtually based on
technical grounds, for no good logic. Hon'ble Supreme Court of
India postulated ... material on record, should not be
denied on hyper-technical pleas."
16
19. So, keeping in view the objectives of the Scheme: WBCIS
vehicles. Once the question of
liability arises, the companies resort to one technical objection and the
other. These Companies really chase
people and literally promise ... Courts and are even dragged to
this Court on one technical plea or the other.
No one really is made to read the terms while
Opposite party has contested the complaint
and raised a number of technical pleas. Complaint is
stated to be not maintainable. Complainants are alleged
to have
possible on material on record,
should not be denied on hyper technical pleas.
19. It was also held by the Honble
Supreme Court of India
