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Report No. 100

2.4. True approach.-

The real objection to such provisions making a notice mandatory is that they divert the attention of the court and the parties from the essential issues in controversy, and force them to spend their time on merely secondary issues. The cause of justice is thus defeated and procedural provisions, which should really help justice, become obstacles in its achievement. Procedural provisions should be so framed as to facilitate justice, and not to hinder it. Unless there exist adequate countervailing factors to justify such provisions which bar a suit, they ought not to find a place in the law.

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