TMI Blog2015 (6) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned order. Thus, it cannot be held that the Court below has committed any error in permitting the deletion of the name of said defendant under Order 1 Rule 10(2) CPC. It cannot be forgotten that the procedural law is made for smooth functioning. It is not made to strangulate the litigants on hyper technical grounds. There are no error in the impugned order which warrants interference by this Court - petition dismissed. - Writ Petition No. 3596/2015 - - - Dated:- 29-6-2015 - Sujoy Paul, J. For the Petitioner : Shri K.N. Gupta, Senior Advocate with Shri M.B. Mangal, Advocate. For the Respondent : Shri B.D. Jain, Advocate. ORDER This petition filed under Article 227 of the Constitution challenges the order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. (emphasis supplied). 7. The key word for determination of question involved is underlined, i.e., name of any party improperly joined . The word improperly, in my view, is wide enough to include the name of a defendant who was no more when suit was filed. Learned counsel for the parties, during the course of arguments, fairly admitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n v. State of Bihar) opined that the mortality of justice at the hands of law troubles a judge's conscience and points an angry interrogation at the law reformer. The processual law so dominates in certain systems as to overpower substantive rights and substantial justice. The humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable. Justice is the goal of jurisprudence processual, as much as substantive. In (1976) 1 SCC 719 (State of Punjab v. Shamlal Murari), the Apex Court held that processual law is not to be a tyrant but a servant, not an obstruction b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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