Duty of first appellate court, principles summarized. It is trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable opportunity. Therefore, in our considered view, non adjudication of the CLMA application, and upholding the preliminary objection of non maintainability of one appeal by the High court has caused serious prejudice to the appellant. Para 15
[Ramnath Exports (P) Ltd. v. Vinita Mehta, (2022) 7 SCC 678]