A. Radhakrishna Rao And Ors. vs The Assistant Commissioner, ... on 10 October, 2001
9. Order 41 rule 29 no doubt uses the word "shall". The Court has an obligation to fulfil the conditions laid down in terms of Order 41 rule 29 of the Code. But the same, in our opinion, does not and cannot mean that in the event of non-compliance despite the fact that the parties had not been prejudiced, the same has to be discarded. Order 41 rule 29 lays down a procedure. Procedures can be moulded. They as is well known are hand mades of justice.