Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.VIII, R.1---Term `ordinarily'---Object---Administration of justice---Period for filing of written statement---Power of Court---Such period should not ordinarily exceed 30 days---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 Court to extend such period in suitable cases---Procedural laws are designed to promote the ends of justice and provision of O.VIII, R.1 C.P.C. is procedural in nature---Courts of law never take a fetish of technicalities, so as to lose intention or philosophy of administration of justice to decide lis in accordance with respective rights of parties---Non ­providing of more than two adjournments, under second proviso of O.VIII, R.1 C.P.C. indicates that it also is directory because direction has been followed by including the period of 30 days in the provision and it is prohibitory command conveyed by the second proviso of O.VII, R.1, C.P.C., which is primarily directed to further the cause of first proviso---If the first proviso of O.VIII, R.1, C.P.C. is a directory, then the second proviso should also be treated as such---By using word `ordinarily' in the proviso, period of 30 days cannot be adhered to in all circumstances---Use of term `ordinarily' gives discretion to Court to extend the period in suitable cases. Hassan Usmani, Sole Proprietor and another v. T.F. Pipes Limited through Managing Director 2003 YLR 1075 rel. (b) Interpretation of statutes--- ---Words used in a statute---Scope---No word in a statute is redundant and has to be given the specific meaning, which it intends to convey. (c) Words and phrases--- ----"Ordinarily"---Applicability---Where doing of an act is bound by time but is qualified by term `ordinarily', it necessarily implies that such provision of law is intended to be directory and not mandatory. (d) Interpretation of statutes--- ---Different provisions of a statute---Scope---Different provisions of a statute should be construed harmoniously, so as to advance the purpose of a substantive provision of law---No provision…

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