“…the sense that the appellants were entitled ex debito justitiae to have both of them set aside. Essentially this was a case of nonservice: see Craig v. Kanssen [1943] K.B. 256. Alternatively, there was a fundamental mistake on the part of the court making the order. R.S.C, Ord. 2, r. 1 does not apply. That is not, however, to say tha…”
“…rsary procedure for the entire proceedings,” e.g., where there has been a total failure to comply with the rules relating to service: see also Craig v. Kanssen [1943] K.B. 256 and Woolfenden v. Woolfenden [1948] P. 27. In such cases, the applicant is entitled ex debito justitae to have the order set aside, but it is not accurate to s…”