ASARFILAL Vs. VIMLA DEVI

JUDGEMENT

(1.) THIS is a revision by the defendant against order dated 15.1.2003 of the Court of Fourth Civil Judge, Class I, Jabalpur in Civil Suit No. 189 -A/2002 by which the written statement filed by him has not been taken on record.

(2.) ARGUMENTS heard. It is observed by the Trial Court that in view of the proviso to Order 8 Rule 1, CPC the written statement can not be taken on record. The proviso to Order 8 Rule 1 is directory and not mandatory. The Trial Court is directed to take the written statement on record and then proceed with the suit.