SUNDER LAL VERMA Vs. RANVIR RANA

JUDGEMENT

(1.) Notice of this election petition was served upon the first respondent who is the returned candidate admitedly in the last week of June 2002, as is clear from the contents of an application (A-8) filed on 4.7.2002 by the said returned candidate seeking six weeks time to file a written statement. By order dated 4.7.2002 the Court granted one month and nomore time to the respondent No. 1 for filing the written statement.

(2.) The written statement is said to have been verified on 25.9.2002 but its copy was not served upon the election petitioner till 23.1.2003 and the written statement was filed in the Court on 23.1.2003.

(3.) Learned Counsel for the election petitioner has submited that the written statement should not be accpeted on record in view of the provision of Order VIII Rule 1 C.P.C. as amended by the Code of Civil Procedure (Amendment) Act, 2002. Section 9 (1) of that Amendment Act has amended Order VII Rule 1 CPC with effect from 1.7.2002.