R DAYANANDA SAGAR Vs. VATAL NAGARAJ

JUDGEMENT

(1.) I.A.No.I was filed by the unsuccessful election petitioner Sri R.Dayanandasagar, praying that permission may be granted to him to add two paragraphs as Nos. (j) and (k) to para 14 of his Petition. The successful candidate Respondent No.1 Sri Vatal Nagaraj filed his objections. The petitioner filed his reply statement (which is referred to also as 'Rejoinder' or 'Replication' in judicial pronouncements) to the Written Statement of the first respondent, and the latter filed his objections to its being entertained as part of the pleadings.

(2.) The petitioner filed I.A.No.I under Order VI Rule 17 read with S.151 CPC. (hereinafter referred to as the Code) . He subsequently filed I.A.No.II praying that I.A.No.I may be treated as one under S.86(5) of the Representation of the People Act, 1951 (hereinafter called the Act) read with Order VI Rule 17 of the Code. Orders were passed on 25-7-1972 on I. A. No. II that I. A. No. I will be heard on merits as an application filed only under S.86(5) of the Act.

(3.) The two matters being somewhat inter-related, arguments were heard together on I.A.No.I and the question of entertaining the reply statement of the petitioner as part of the pleadings, and they stand disposed of by this common order.