JASODABEN AMITBHAI PATEL Vs. GULBIBEN VINODBHAI VARLI

JUDGEMENT

(1.) The petitioner, by way of this petition, has challenged the order dated 10.7.2018 passed by the learned Additional Civil Judge, Vapi, rejecting the application vide Exh.25 preferred by the petitioner under Order XIV Rule 2(2)(b) of the Code of Civil Procedure (for short "CPC") whereby he requested the learned trial Judge to decide the issue with regard to election petition whether barred by limitation or not, as preliminary issue.

(2.) Brief facts, which could be gathered from the petition as also the order impugned, are as under:

(3.) When this petition came up for hearing on 25.10.2018 this court admitted the same by passing an elaborate order considering the precedents produced by the parties. If para 9 of the order is seen, there is no dispute qua the relevant and material dates, as could be gathered from the contention raised by the parties. As such, considering the date of declaration of result and filing of the election petition, it can be determined whether the election petition is filed beyond the period provided under Section 31 of the Act or not. If there is no dispute on those two dates, no evidence is required to be led for the decision of the said issue and therefore there is nothing wrong in deciding it as a preliminary issue. If the said issue is determined in favour of the petitioner, the whole election petition can be put to an end to, and if it is rejected, the election petition can proceed further. Keeping this petition pending here for long would not serve any purpose. Therefore this petition is finally heard and decided by this judgment.