SHIBU SAHU Vs. LACHAN DEVI

JUDGEMENT

(1.) WHEN the matter is called out, counsel for the petitioners is absent. Neither the matter is mentioned, nor anybody appeared on behalf of the petitioners.

(2.) NOTICE issued by this Court has been served upon the respondent.

(3.) IT appears that the provisions of Order VIII, Rule 1 of the Code of Civil Procedure is directory in nature and not mandatory, as has been held by the Hon'ble Supreme Court in the case of Kailash v. Nanhku and others as reported in 2005 (4) SCC 480 : (AIR 2005 SC 2441).