1. Departing from a hypter-techincal view, the courts below have taken a justice - oriented approach in this case. The courts below have rightly understood that judiciary is held in respect by the people and the litigants not on account of its power to legalise an unjust cause on technical grounds. When real justice is seen pitted against technical considerations, the courts should always lean to disburse substantial justice. This is so. because no one can claim to have acquired a vested right in perpetrating an injustice on account of a rule of technicality or on account of a little negligence on the part of the other side. In such cases, courts should apply the technical rules in a rational commonsense and pragmatic manner. Courts are given the power to restore a suit decreed ex parte. In exercising this power, courts should always consider the question whether a meritorious matter is being decided at the very threshold without an opportunity being given to the party concerned to place his case before the court. Courts always insist for fair play even in cases where courts have to consider actions in administrative law. I feel that it should all the more inhere in jud