Where defect is curable, time should be given to cure defects

Uday Shankar Triyar v. Ram Kalewar Prasad Singh (2006) 1 SCC 75 (three judges)

Non-compliance with any procedural requirement relating to a pleading, memorandum of appeal or application or petition for relief should not entail automatic dismissal or rejection, unless the relevant statute or rule so mandate. Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice.