LAWS(MAD)-2011-12-61

M K AZHAGIRI Vs. A LAZAR

Decided On December 02, 2011
M K AZHAGIRI Appellant
V/S
A LAZAR AND ORS Respondents

JUDGEMENT

(1.) This Application has been filed to strike off the pleadings in Paragraphs 8,9,10,11,12,13,14,15,16 and 17 in the Election Petition 2 of 2009 and consequently to reject the Election Petition as being bereft of material facts and particulars and for want of cause of action and triable issues.

(2.) The case of the applicant runs thus :

(3.) The first respondent/election petitioner has filed detailed a counter affidavit, reproducing the averments in paras 7 to 21 of the Election Petition, and also stating that the application has been filed only to drag on the proceedings; the averments in the election petition give rise to cause of action and triable issues and, hence, the application under Order VII Rule 11 CPC is not maintainable; the application does not attract the provisions of Order VI Rule 16 CPC and that the application is liable to be rejected in limine, as the prayer for striking off pleadings under Order VI Rule 16 CPC and the prayer for rejection of plaint under Order VII Rule 11 CPC in a single application cannot be countenanced.