Mohamed Ghouse Mohamed Sulaiman Zurfick vs M.N. Naufer – SC APPEAL 96/17-2018

In the case between Mohamed Ghouse Mohamed Sulaiman Zurfick (Appellant) and M.N. Naufer (Respondent), the court addressed whether non-service of the Notice of Appeal on the Defendant’s registered attorney, as required by the Civil Procedure Code, rendered the appeal void or merely constituted a curable defect. It was held that sending notice directly to the Defendant, rather than to the registered attorney, did not cause material prejudice and satisfied the requirements in substance. The interpretation of Sections 755, 759, and 770 of the Civil Procedure Code was central to the decision, reaffirming that procedural lapses which do not result in substantial prejudice are curable and should not hinder adjudication on the merits. The court referenced relevant case law and statutory analysis t