SALIM ANWAR DAR Vs. GH AHMAD SHANTOO

JUDGEMENT

(1.) THE three preliminary issues which presently await the verdict of the court are as follows -

(2.) THE burden of proving these issues was placed upon the respondent who was also afforded an opportunity of proving these issues by leading evidence. The respondent has not produced any evidence besides appearing as his own witness. The petitioner on the other hand has neither appeared as his own witness nor has produced any other evidence. In nut shell the statement of the respondent is that at the time of service of the summons on him, he was supplied only a copy of the petition and no other document. This copy has been marked as R/I.

(3.) AS frequent reference is likely to be made hereinafter to the Representation of the People Act (Central), 1951 and Representation of the People Act (State), 1957, these Acts for short shall be referred to as the Central Act and the State Act respectively. Issue No. 1