Courts Act, 2015 applicable to the same, therefore the use of non-obstante clause in sub-Rule (1) of Rule 15A alone cannot lead to a inference that the legislature intended to make Rule 15A all pervasive and mandatory, and the object sought to be achieved by the introduction of the Commercial Courts Act, 2015 is fast track resolution of the commercial disputes, the provision under consideration i.e., Rule 15A of Order VI does not in any manner aid such fast tracking, it is only procedural requirement of verification of pleadings, an enactment brought in with the object of fast tracking resolution of disputes cannot be used to throw out defence on the technical grounds is has been repeatedly pointed out by the Hon'ble Supreme Court in adversarial litigative process, the Courts are saddled with the burden of providing equal opportunity to the parties and it becomes obligation on the part of the Courts to see that the procedural technicalities do not scuttle the legal process and the dispensation of justice and it was further observed that the judiciary is respected not on the account of its power to legalise injustice but because it is capable of removing injustice and it is expected to do so
