"Procedure is the Handmaid to the Administration of Justice": Punjab and Haryana High Court Grants Tenant Opportunity to Defend

In a significant decision, the Punjab and Haryana High Court emphasized that procedural errors should not obstruct the course of justice. The court, on 31st October 2023, allowed a tenant, whose defense was previously struck off, another chance to file a written reply in an eviction case.

Justice Gurbir Singh, hearing the revision petition, remarked, "It is well settled that procedure is the handmaid to the administration of justice. It is meant for advancement of justice." These words set the tone for the judgment that followed.

The case revolved around a landlord's petition for the ejectment of the tenant, citing non-payment of rent and unauthorized alterations to the premises. The tenant's defense was struck off by the Rent Authority, NRI Cases, Jalandhar, in an order dated 29th February 2020.

The tenant's counsel argued that the failure to file a reply was a bona fide mistake and sought one opportunity for the petitioner to present his case. The tenant's defense had been struck off earlier due to procedural discrepancies, including a typographical error in the date mentioned in the court's order. The COVID-19 pandemic further led to delays and adjournments in proceedings.

In his decision, Justice Singh observed, "If there is any fault or clerical error or any other error on the part of the functionaries of the Court then party should not suffer." Accordingly, the court set aside the impugned order, subject to a payment of Rs. 20,000 as costs, and granted the tenant an opportunity to file a written reply.

The judgment underscored that while upholding the principles of justice, the parties should not suffer due to inadvertent errors or faults in technology. It also highlighted that procedures should facilitate, not impede, the administration of justice.

Date of Decision: 31.10.2023

SATINDER PAL SINGH  VS SEWA SINGH SANGHA