Order 16 Rule 1 of the CPC is not mandatory but is directory in nature.
The order 16, Rule 1 of the Civil Procedure Code cannot be said to be mandatory, but only directory – Procedural laws are meant for advancement of justice and not to subvert the same.
M/s Steel Authority of India Ltd. v. . M/s Steel Strips and Tubes Ltd.”, 12007-4)148 PLR 236