RAMJILAL Vs. MOHARPAL

JUDGEMENT

(1.) These two writ petitions have been filed by petitioner Ramjilal, who is a winning candidate and whose election was challenged by respondent No. 1 Ramjilal.

(2.) Counsel for petitioner has argued that learned Election Tribunal (Civil Judge, Se-nior Division, Dausa) has committed an er-ror by rejecting application of petitioner un-der Order 7, Rule 11 read with Order 6, Rule 15 of CPC. Respondent Ramjilal did not dis-close any cause of action inasmuch verifica-tion is defective because in para No. 9 no proper verification was given by the respon-dent.

(3.) Learned counsel submitted that there was no reason why learned Court below held that the defect in verification was curable and was not fatal to maintainability of petition. Besides that, learned counsel submitted that learned court below ought to have dismissed election petition because petitioner was not supplied documents enclosed with election petition.