No proceedings to be dismissed for informality
95 No proceedings to be dismissed for informality
No action or proceeding shall be dismissed or vitiated because of any informality; nor shall any objection be taken or allowed on the ground of any alleged defect or misnomer or inaccurate description, or of any variance between the relief claimed and the relief to which the claimant appears to be entitled, or between the claim or complaint and the evidence adduced in support thereof ; but in every instance the proceedings shall be amended by the court so that the actual subject-matter in dispute may plainly appear and be re-adjudicated upon, according to the substantial rights of the parties:
Provided that, whenever it appears that any of the parties is deceived or misled, or that any injustice would be done by proceeding at once with the hearing, the court may adjourn the proceedings upon such terms as to costs or otherwise as it thinks fit.
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