PrincipleCIVIL PROCEDURE — Non-Compliance with Rules — Nullity versus Irregularity — Current Judicial Trend
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
Courts now de-emphasise the distinction between nullity and irregularity. Non-compliance with rules of procedure is not automatically a nullity unless it involves a statutory requirement or fundamental defect. The trend is towards substantial justice. Procedural irregularities can be cured. The court has discretion to allow…
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