A party should not be non-suited due to a procedural or technical defect, especially when the defect is inadvertent and no prejudice is caused to the opposite party.

( 1 ) THIS is a revision petition by the tenant under Section 25b (8) of the Delhi Rent Control Act (hereinafter called the Act ) challenging the order dated 28th January, 1978 passed by the Additional Controller. By the impugned order the Controller dismissed the application for leave to contest and passed the eviction order under Section 14 (1 ) (e) of the Act. The respondent, Waryam Singh, filed a petition for eviction of the Petitioner, J. B. Kansal, under Section 14 (1 ) (e) read with Section 25b of the Act. The summons as prescribed by the Third Schedule of the Act was served upon the tenant on 14th March, 1977. He made an application for leave to contest supported by an affidavit on 21st March, 1977. This affidavit contains the verification in the following form :

"verification: Verified at Delhi this 21st day of March, 1977 that the contents of the above affidavit are true to my knowledge and correct to my belief". At the time of arguments before the Additional Controller, an objection was raised that the verification in the affidavit was not in accordance with law and as such it should be rejected. The petitioner-tenant on 7th November, 1977 filed an application under Section 151 of the Code of Civil Procedure (hereinafter called the code ) alleging that by inadvertance the words "and correct to my belief" have been written at the end of the said verification of that affidavit. He therefore prayed that the said words may be deleted and ignored. He also filed an additional affidavit sworn on 7th November, 1977 containing identical facts narrated in the affidavit dated 21st March, 1977 but deleting the said words "and correct to my belief" from the verification. The Additional Controller by the impugned order held that the verification was not in accordance with law and therefore rejected the first affidavit dated 21st March, 1977. He also did not allow the amendment of the verification in the original affidavit on the ground that no amendment of the affidavit can be allowed. Consequently the application for leave to defend was dismissed and an order of eviction was passed. Hence this revision by the petitioner-tenant.

( 2 ) THE revision was admitted on 28th March, 1978. The petitioner, J. B. Kansal died on 15th October, 1979. His widow and son made an application C. M. No. 65 of 1980 dated 7th December, 1979 for their substitution. Notice of this application was issued to the respondents for 12th May, 1980 but it appears that no further action was taken on this application. Mr. Hari Shanker, learned counsel for the respondent has no objection if this application is allowed subject to all just exceptions. Accordingly, the appli- cation, G. M. No. 65 of 1980 is allowed subject to all just exceptions. The names of the widow and son i. e. Smt. Kaushalya Rani Kansal and Deepak Raj Kansal widow and son of the deceased are ordered to be substituted in the memo of parties. Office may make necessary corrections in the memo of parties accordingly.

( 3 ) MR. Bhatia, learned counsel for the petitioner contends that by inadvertance the words "and correct to my belief" in the verification of the affidavit Were written, that no prejudice is going to be caused to the opposite party if these words are either allowed to be deleted or his clients are permitted to file a fresh affidavit in support of the application for leave to defend filed on 21st March, 1977. He says that if these words are deleted the original affidavit dated 21st March, 1977 would be in accordance with Order 19 Rule 3 of the Code. Rule 3 of Order 19 of the Code reads as under : "rule 3 : Matters to which affidavits shall be confined :

(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted : provided that the grounds thereof are stated.

(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay