Law:

Section:

(a) Words and phrases--...... Shall" and "may"---Connotation---Ordinarily the word "shall" is construed as couching a mandatory provision, but very often the words "shall" and "may" connote interchangeable concepts. Statutory Construction by Crawford, 1940 Edn" pp.261-262 and Interpretation of Statutes by Maxwell, 12th Edn., p.314 ref. (b) Interpretation of Statutes--- ---- Mandatory or directory nature of a statute ---Determination--­Considerations necessary for determination of such question ---Scope--­Answer has to depend on several questions in regard to the correct -interpretation of the statute itself, the objects which the statute wants to fulfill the consequence which follows the non-compliance of the rule; the prejudice and quantum thereof that it causes to the other party by non­compliance; the penalty which the statute prescribes in the event of non­compliance and the nature of the provision, whether it is for the benefit of the entire populace, or, is in the limited sense---While determining the nature of the provision of a statute, all such questions need to be considered. Interpretation of Statutes by Maxwell, 12th Edn., p.3,14 and Statute Law by Craies, 6th Edn. ref. (c) Civil Procedure Code (V of 1908)--- ----O. XLIII, R.3---Notice before presentation of appeal---Object and scope of O.XLIII, R.3, C.P.C.---Before enactment of O.XLIII, R.3, C.P.C., no less than three or four successive dates of hearing were consumed, so that the parties could become ready by knowing the case of each other---Order XLIII, R.3, C.P.C. was enacted, so that such wastage of time could be avoided but just for that reason, O.XLIII, R.3, C.P.C. could not be termed to be mandatory rule---Non-compliance with O.XLIII, R.3, C.P.C. must not inevitably result in dismissal of appeal. Mrs. Dino Maneku Chinoy and 8 others v. Muhammad Matin PLD 1983 SC 693 ref. (d) Civil Procedure Code (V of 1908)--- ----O. XLIII, R.3----Notice before presentation of appeal---Failure to give such notice---Effect---Dismissal of appeal---Validity---When Lower Appellate Court gives pre-admission notice to the respondent, such defect stands cured---Appeal cannot be dismissed on such legal ground…

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