Order 5 — Effect of Non-compliance
Rule 1 Non-compliance with rules
(1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules as to time, place, manner or form, the failure shall be treated as an irregularity and may not nullify such step taken in the proceedings. The Court may give any direction as it thinks fit to regularize such steps.
Rule 2 Application to set aside for irregularity
(1) An application to set aside for irregularity any step taken in the course of any proceedings may be allowed where it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule may be made by summons or motion and the grounds of objection shall be stated in the summons or motion.