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2016 (7) TMI 1602

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....The appellant has two grievances - (i) The Court has not disposed of an application filed by her under Order VII Rule 11 of The Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') for rejection of the Election Petition and the same has been posted along with the main petition and (ii) She is denied an opportunity to file written statement. 3. The first respondent herein filed an Election Petition challenging the election of the appellant to the 289 Nagiri Assembly Constituency. Appellant was declared elected on 16.05.2014. The election petition is dated 30.06.2014. On receipt of notice in the Election Petition, the appellant filed Annexure-P/4-application for rejection of the Petition, under Order VII Rule 11 of the CPC b....

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....lication for rejection of the plaint. The court has to consider only the plaint as a whole, and in case, the entire plaint comes under the situations covered by Order VII Rule 11 (a) to (f) of the CPC, the same has to be rejected. 6. Once an application is filed under Order VII Rule 11 of the CPC, the court has to dispose of the same before proceeding with the trial. There is no point or sense in proceeding with the trial of the case, in case the plaint (Election Petition in the present case) is only to be rejected at the threshold. Therefore, the defendant is entitled to file the application for rejection before filing his written statement. In case, the application is rejected, the defendant is entitled to file his written statement ther....

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....t dated 15.03.2015, with a prayer ... "to dismiss the present Election Petition under Order VII Rule 11 of the CPC...", was filed within thirty days of the receipt of the summons in the Election Petition. However, the court was not inclined to consider the same in the absence of a formal application, and thus, Annexure-P/5-Application No. E.A. No. 222 of 2016 was filed on 22.02.2016 leading to the impugned order, posting the application for consideration at the time of final hearing. 9. The procedure adopted by the court is not warranted under law. Without disposing of an application under Order VII Rule 11 of the CPC, the court cannot proceed with the trial. In that view of the matter, the impugned order is only to be set aside. Ordered a....