(1.) This revision has been directed under Section 115, CPC against the order dated 29-5-2000 passed by the learned District Judge, Merta in Election Petition No. 16/2000, whereby the application filed by the petitioner under Order 16, Rule 6, CPC was rejected. Another application filed by the revisionist-petitioner under Order 7, Rule 11, CPC was also rejected by the same order. However, the order rejecting the application under Order 16, Rule 6, CPC has been challenged before this Court.
(2.) Notices were issued to the non-petitioners. The notices were served on the non-petitioner Nos. 1, 2, 4 and 5. Mr. J. R. Patel appeared on behalf of non-petitioner Nos. 1 and 2. Non-petitioner No. 3 was not served, but a preliminary objection was raised by Mr. J. R. Patel about the maintainability of the revision petition, therefore, no notice was issued to the non-petitioner No. 3.
(3.) Heard learned counsel for the parties and perused the record. It was argued by Mr. J. R. Patel, learned counsel for the non-petitioner Nos. 1 and 2 that the order has been passed by the Election Tribunal and no revision lies against the said order u/S. 115, CPC as the Tribunal is not subordinate to the High Court and its order cannot be revised under revisional jurisdiction of this Court. In support of his argument, he relied upon the following decisions of this Court :-