Udeshi and Others v. Mather – sllr 1988 volume 1 page 012

In the case between Udeshi and Others (Plaintiffs) and Mather (Defendant), the Supreme Court addressed (1) whether procedural defects in the filing and execution of powers of attorney and proxies, including non-filing or technical irregularities, could be rectified and subsequently ratified, (2) the proper procedural safeguards under the rule of audi alteram partem when considering preliminary objections regarding the appellants’ residence, and (3) the validity of stay orders issued pending special leave applications under constitutional and Supreme Court Rule provisions. It was held that technical irregularities relating to proxies and powers of attorney are curable and do not warrant outright dismissal, that parties must be afforded an opportunity to adduce evidence on residence objectio