NENA RAM Vs. SHIV RAJ

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner Nena Ram is facing an election petition filed by the respondent No.1 Shiv Raj in relation to the Panchayat Elections held on 31st January 2005. The petition has been submitted on various grounds as does it appear from a copy of the application Annexure-P/1 produced on record by the petitioner. It appears that 11 issues were framed by the learned trial court. After framing of the issues, the petitioner moved an application under Order 14 Rule 2 read with Section 151 CPC (Annexure-P/3) and it was contended that the amended issues No.5 to 11 were essentially legal issues and no additional evidence was required.

(3.) The petitioner further submitted in relation to issues No.5 to 8 that they were purely legal issues and that issue No.8 was related only to the jurisdiction of the Court and such issues were required to be decided at the first before evidence so that the parties are not required to go through the long drawn court proceedings in trial. After hearing arguments on the said application under Order 14 Rule 2 read with Section 151 CPC, the learned trial court proceeded to pass an order on 14.09.2005 (Annexure-P/5) that is assailed in this writ petition.