PRADEEP JAIN Vs. HARI SHANKER JIJAURIYA

JUDGEMENT

(1.) This intra court appeal under the Rules of the Court has been preferred against the order dated 10.10.2011 passed by the learned Single Judge, rejecting Civil Misc. Amendment Application No.229033 of 2011 filed by respondent no.1 - appellant, seeking amendment in the written statement filed in an Election Petition No.2 of 2009.

(2.) Respondent no.1, herein, challenged the election of the appellant as Member of Parliament from 46th Jhansi Parliamentary Constituency, by filing Election Petition No.2 of 2009 on various grounds. In response to the notice, appellant put in appearance and filed written statement. After issues were framed, an application was moved by the appellant, seeking amendment in the written statement. Learned Single Judge vide order under appeal finding that the facts which were sought to be added in the written statement by way of amendment, were already covered by issues framed in the election petition and were basically in the nature of evidence which could be adduced during the course of trial, rejected the same. Aggrieved by the same, respondent no.1 - appellant has preferred this appeal.

(3.) At the outset, Sri N.K. Pandey, learned counsel appearing on behalf of the respondent no.1, herein, raised a preliminary objection with respect to the maintainability of this appeal. Placing reliance upon the pronouncement of the Hon'ble Apex Court in Upadhyaya Hargovind Devshanker Vs. Dhirendrasinh Virbhadrasinhji Solanki and others, 1988 AIR(SC) 915, it has been submitted that no intra court appeal is maintainable against interlocutory order passed by the learned Single Judge in an election petition filed under Representation of People Act, 1951 (hereinafter referred to as 'the Act of 1951').