Law: Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977

Section:

  Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977--- ----R. 4(6)---Ejectment suit---Time limit---Effect---Word "shall" as used in R.4 (6), Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977-- Connotation---Plaintiff could not be non-suited merely because a public functionary had failed to perform the duty required of him by law within stipulated time---Word "shall" as used in R. 4(6) of Punjab Land Reforms (Procedure of Ejectment Suits) Rules, 1977 is not necessarily mandatory--- Although sub-rule (6) of rule 4 of the Punjab Land Reforms (Procedure for Ejectment Suits) Rules, 1977 pro-vzdes that the Collector shall decide the suit transferred to him within a period of 30 days but no consequence resulting from failure to abide by this time limit has been prescribed. Generally, the provision as to time during which public functionaries are required to perform certain acts are to be regarded as directory and not absolute as public interest is not to suffer on account of the laches of a public functionary. The word "shall" does not necessarily indicate that the provision is mandatory but the object of the provision has to be ascertained and it has to be seen whether time clause in it is a matter of substance. The plaintiff cannot be non-suited merely because a public functionary has failed to perform the duty required of him by law within the stipulated time. A comparison of sub-rule (5) with sub-rule (6) shows that while consequences of non-observance of sub-rule (5) have been provided namely that the suit shall stand transferred to the Collector no such consequence of failure to abide by the time limit mentioned in sub-rule (6) has been stated. This omission so is significant and as such it cannot be held that on account of failure to observe the time limit, the proceedings before the Collector stood frustrated. Crawford's Statutory Construction, Art. 269; Sutherland's Statutory Construction, 3rd Edn., Vol. III, p.107; Hotel Metropole Ltd., Karachi. v. Hotel Metropole Employees' Union and another P L D 1964 SC 633; Niaz Muhammad Khan v. Mian Fazal Raqib P L D 1974 SC 134; Sudej Cotton…