Fernando vs Fernando – clr volume 2 page 035_1

The case between Fernando (Plaintiff) and Fernando (Defendant) addressed the issue of whether an insufficiently stamped plaint should be removed from the court file and the appropriate timing for a defendant’s objection regarding stamp sufficiency. It was held that objections to insufficient stamping should be raised promptly, and that while a delayed objection by the defendant does not cure the plaintiff’s procedural defect, it does not prevent the matter from being rectified. The court reaffirmed the principle that procedural defects related to court fee stamps must be promptly addressed, referring to the powers of the court to order either removal of the plaint or to allow correction by payment of the requisite stamp duty and penalty. The decision emphasizes the importance of timely pro