JAI SINGH Vs. HAWA SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 25.5.2005 passed by the learned Trial Court whereby the application filed by the petitioner under Order 7 Rule 14 of the Code of Civil Procedure (for short the Code) was dismissed and the petitioner was directed to file written statement.

(2.) Respondent No.1 filed election petition under section 176 of Haryana Panchayati Raj Act, 1994 for setting aside the election of the petitioner held on 3.4.2005. The petitioner moved an application in terms of Order 7 Rule 14 of the Code on the ground that the result sheet as well as the order of recount dated 4.4.2005 has not been annexed with the petition and therefore, the petition is liable to be dismissed.

(3.) It may be noticed that another application was filed by the election petitioner on the date when the impugned order was passed for producing the certified copy of the result sheet. Learned Trial Court dismissed the application filed by the petitioner for the reason that the case is yet at the stage of pleadings and therefore, non-production would not be relevant at this stage, which is required to be examined after the evidence is led by the parties.