Law:

Section:

  Interpretation of statues-- --- Use of words "shall" or "may" in a statute---Significance---No hard and fast rule can be laid down for construing a provision as a mandatory or directory---Use of words "shall" or "may" is not sure test for such determination---Object of relevant provision has to be taken into consideration after the examination of the whole of the statute in which these provisions are embodied. Procedural law-- --- Such a law is to help and not to hinder the grant to the people of their rights-- All the technicalities have to be avoided unless their compliance is essential on the ground of public policy---Any system which gives effect to form and not to substance defeats the substantive right and is not conducive to the object of dispensation of justice. Imtiaz Ahmad v. Ch. Khushi Muhammad S.D.O. (Canal), Gojra District Lyallpur and the District Election Officer, Lyallpur P L D 1903 S C 382 ref. Civil Procedure Code (V of 1908)-- ---O.XVIII, Rr. 8 & 14---Non-compliance of O.XVIII, Rr. 8 & 14, C.P.C. in absence of any allegation of prejudice was not of invalidating nature. Promode Nath Sinha Roy and others v. Harishee Bagdhi AIR 1929 Calcutta 78 ref. Civil Procedure Code (V of 1908)-- ---O. XX, Rr. 1, 2 & 3---Non-compliance of requirement of O. XX, Rr. 1, 2 & 3, C.P.C. does not amount to nullification of the proceedings. Fort Closter Jute Manufacturing Co. v. Chandra Kumar Das and another 51 IC 405 ref. Civil Procedure Code (V of 1908)-- ---OXVIII, R.5---Provisions of O. XVI11, R.5, C.P.C. are not of a mandatory character. Elahi Bakhsh Kazi v. Emperor 45 IC 258 ref. Precedural law-- --- Provisions of procedural law are intended to facilitate and not to throttle the administration of justice---Calls for substantial justice must prevail over the logic on the basis of technicalities.     Civil Procedure Code (V of 1908)-- ---.O.XVIII, Rr. 8 & 14---Object of O. XVIII, Rr. 8 & 14, C.P.C. is to insure the accuracy of the record---Duty of Court---Non-compliance or neglect of duty in the context of OXVIII, Rr. 8 & 14, C.P.C. in absence of allegations of inaccurate…