(1.) This appeal has been filed against the judgment and order of the Learned Single Judge dated 07.12.2007 by which the Writ Petition filed by the present Appellant was dismissed with liberty to the parties to raise all their submissions before the Court below at the time of hearing of the Election Misc. Case, affirming the judgment and order of the Election Tribunal dated 27.11.2007 on the application filed under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter called as Code of Civil Procedure).
(2.) In the Election petition, the Appellant being the returned candidate has filed an application under Order 7 Rule 11 Code of Civil Procedure raising the issue of limitation, deposit of fee and that the applicant/election Petitioner was insolvent. However, the Election Tribunal as well as the Learned Single Judge held that these are the matters to be examined at the time of Trial and the application was rejected.
(3.) We have heard Mr. A.K. Mohapatra, Learned Counsel for the Appellant and Mr. S.P. Mishra, Learned Senior Counsel for the Respondents and perused the records.
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