CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,

Civil Procedure Code, 1908 (V of 1908) Order 8, Rule 1 – Provision of Order 8 Rule 1 cpc, ordinarily ought to be adhered to, but Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature, of any variety viz. Neem, Amla, Gulmohar and/or Alstonia, in the vicinity where he has been residing – Plantation shall be carried out within six weeks from today, under the supervision of the concerned District Horticulture officer.

Read Full text : (2022-1)205 PLR 384 , 2022 PLRonline 9553