Dismissed in default – Leave to appeal -- It is settled law that the rights of the parties should be decided on merit as far as possible -- Court should do substantial justice between the parties and should not go into the technicalities of the law -- Where technical consideration and merit or cause of substantial justice are pitted against each other, the cause of merit and substantial justice is to prevail – Order dismissing the complaint in default is set aside.

(P&H HC) Decided on: 21.02.2017