Procedural failure Phenomena In Judicial Procedures

The legislator has imposed procedural duties on litigants and granted them corresponding procedural rights, obligating them to exercise these rights as prescribed by law. Nevertheless, these procedures may suffer formal defects in their execution. In such cases, the judiciary must declare these procedures invalid. Procedural defects manifest when procedural acts violate the legal rules governing them, rendering the acts defective and subject to sanctions .Procedural defects take various forms, reflecting the diversity of legal actions and their respective procedures. A defect may occur when litigants entirely neglect the prescribed judicial procedurefailing to undertake any of the legally required steps. Alternatively, a defect arises if the litigants attempt the procedure but do so improperly, deviating from the method prescribed by law. This positive misconduct breaches the Civil Procedure Code, which mandates a specific model and mechanism to be followed from the moment a lawsuit is filed through the completion of all subsequent procedures and the issuance of a judgment.