AVTAR SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) This is petition filed by the defendant against order dated 6.11.2006 passed by Civil Judge (Jr. Divn.), Ludhiana whereby defence of the defendant was struck off as written statement and reply to the stay application was not filed in spite of many opportunities given. Case was then fixed for consideration of stay matter.

(2.) In view of the law laid down by the Hon'ble Supreme Court in Shaik Salim Haji Abdul Khayamsab v/s. : AIR2006SC396 , Order 8 Rule 1 C.P.C. are not mandatory. These are directory.