| Citation(s) |
|---|
| 1978 SLG 4000 1978 SLD 4000 = 1978 PCRLJ 18 |
Lahore High Court
Presented By:
Presented By:
Law:
Section:
(a) Interpretation of statutes------ Words in a statute---Effect---No word in a statute is redundant and has to be given the specific meaning which it intends to convey. (b) Civil Procedure Code (V of 1908) -------O. VIII; R.1, first proviso---First proviso to O. VIII, R. 1,. C. P. C. is directory and not mandatory in nature---Word "ordinarily "-- Connotation---Legislature has specifically incorporated the word "ordinarily" to convey that the period of 30 days cannot be adhered to in all circumstances---Use of term "ordinarily" gives a discretion to the Court to extend the period in suitable cases. (c) Words and phrases------- Ordinarily---Applicability---Where doing of an act is bound by time but is qualified by the term "ordinarily" it necessarily implies that such provision of law is intended to be directory only. (d) Civil Procedure Code (V of 1908) -------O. VIII, R.1, first and second provisos-- Written statement, filing of---Provisos first and second to O. VIII, R.1, C. P. C. ---Object, scope and applicability---Prohibitory command conveyed by the second proviso to O. VIII, R.1, C. P. C. is primarily directed to further the cause of first proviso to O. VIII, R. I., C. P. C. ---If the second proviso to O. VIII, R.1, C. P. C. is treated as mandatory, then the letter and intent of the first proviso to O. VIII, R. 1, C. P. C. would be defeated rather than promoted---Second proviso to O. VIII, R.1, C. P. C. should not be interpreted, so as to give it greater effect than the interpretation and construction of the first proviso to O. VIII, R. 1. C. P. C. itself. (e) Interpretation of statutes------- Different provisions of statutes, interpretation of---Principles---Provisions of statutes should be construed harmoniously, so as to advance the purpose of a substantive provision of law---No provision can be pressed into service in order to defeat the real object of the main provision. (f) Administration of justice-------Procedural laws---Scope---All procedural laws are designed to promote the ends of justice---Courts of law never take a fetish of technicalities, so as to lose sight of the main purpose of administration…