SADHU SINGH Vs. SHAMSHER SINGH JOSH

JUDGEMENT

(1.) THIS appeal under Section 116-A of the Representation of the People Act 1951 is directed against the order of the Elections Tribunal Ambala dated 16-3-1964 dismissing the election petition filed by the appellant

(2.) IN the election petition Sadhu Singh appellant questioned the election petition of Shri Shamsher Singh Josh from the Rupar Constituency of the Punjab legislative Assembly held in February 1962. It is unnecessary in view of out decision to refer to the various details. Suffice it to say that after hearing the learned counsel forth appellant at length we felt impressed by the criticism levelled against the impugned order of the Election tribunal on issues nos. 4, 5, 6, 7, and 7a which are in the following terms:

(3.) SHRI Anand Swaroop learned counsel for the respondent plainly expressed his inability of the support the decision of the Election Tribunal on the existing record and took us through the proceedings of the Tribunal for purpose of justifying his plea that Shamsher Singh Josh's defence had been wrongly shut out and that this court should now permit him to adduce defence evidence. This plea is contained in cross-objections under O. 41 Rule 22, of the Code of Civil Procedure filed on behalf of the respondent. It is unnecessary to go into the question whether these cross-objections are competent for the purpose for which they were sought to be utilised because even now these objections can be taken by the respondent without preferring any cross-objections and indeed on behalf of the appellant it has not been argued that the respondent is not entitled to ventilate his grievance in this connection in the present appeal.