Principle

CIVIL PROCEDURE — Originating Processes — Validity of Writ and Validity of Service Distinguished

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Writ validity and service validity are distinct concepts. A valid writ remains valid even if service is defective; defective service renders the writ voidable, not void. The principle applies to civil procedure. The rule prevents dismissal for mere service irregularities. The court may cure service…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.