Order 5 — EFFECT OF NON-COMPLIANCE
Rule 1 Effect of Non-Compliance with Rules
Where in beginning or purporting to begin any proceeding 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, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and if so treated, will not nullify the proceedings, any step taken in the proceedings or any document, judgment or order therein.
Rule 2 What Court Can Do
The Court may on the ground that there has been such a failure as mentioned in rule 1, and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part, the proceedings in which the failure occurred, any step taken in those proceedings or any document, Judgment or order therein, or it may make an order to rectify or regularize the proceedings, and may allow such amendments to be made and to make such order dealing with the proceedings generally as it thinks fit.
Rule 3 Application to Set Aside for Irregularity
An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step in the proceedings after becoming aware of the irregularity.
Rule 4 Form of Motion
Any application under the foregoing paragraph may be made by motion on notice, and the grounds of objection shall be stated in the motion on notice.
Rule 5 Over-All Effect of Non-Compliance with Rules
No proceedings in the Court, and no process, order, ruling, judgment issued or made by the Court shall thereafter be declared void solely by reason of any defect in procedure or writ or form, as prescribed by these rules; rather the Court shall decide all issues, according to substantial justice without undue regard to technicalities.
