The efficacy of substantive laws depends, to a large extent,
upon the quality and clarity of the procedural laws. Unless the
procedure for enforcing rights is simple, effective, expeditious,
inexpensive and unambiguous, substantive laws, however well they
may have been drafted, would fail in their purpose and object. As
observed by Sir Henry Maine, "Procedure should indeed be the
handmaiden of justice; its motto should be that of the Prince of
Wales, Ich dein ("I serve"). The cardinal fact is
admitted, but often been over looked in practice.
To begin with the analysis, as to why
this fact is overlooked in practice, we will draw reference to the
rules of natural justice which demand that when an application
under order 39 Rules 1 and 2, C.P.C. is made before a court, the
person(s) against whom the relief is sought for must be given an
opportunity of being heard. But, sometimes a situation/circumstance
may demand immediate interference of the court to pass an
