Order 51 — Effect of Non-compliance

(1) Where in commencing or purporting to commence any proceeding or at any stage in the course of or in connection with any proceeding, there has by reason of anything done or left undone, been failure to comply with the requirement of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure may be treated as an irregularity and if so treated, will not nullify the proceeding, or any document, Judgement or order.

(2) The Court may on the ground that there has been such a failure as mentioned in sub-rule (1) of this rule and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceeding in which the failure occurred, any step taken in the proceeding or any document, Judgement or order, or it may exercise its powers under these Rules to allow such amendment (if any) to be made and to make such order (if any) dealing with the proceeding generally as it thinks fit.

(1) An application to set aside for irregularity any proceeding, any step taken in any proceeding or any document, Judgement or order, shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step in the proceeding.

(2) Any application under sub-rule (1) of this rule may be made by summons or motion on notice, and the grounds of objection shall be stated in the summons or motion on notice.