MOTI RAM Vs. MALI RAM

JUDGEMENT

(1.) THIS is a revisional application under Section 115 of the Code of Civil Procedure against the order of the Munsif, Churu dated March 30, 1978 passed in Election Petition No 7 of 1978 by which he accorded permission for amendment of the election petition to the non-petitioner.

(2.) A few facts deserve recall here. The non-petitioner filed an election petition under rule 78 of the Rajasthan Panchayat & Nyaya Panchayat Election Rules, 1960, hereinafter referred to as "the Rules") on March 15, 1978 praying therein that the election of the petitioner declared illegal and the non petitioner be declared as duly elected Sarpanch to the Gram Panchayat Khinwasar, Tehsil Churu. The non-petitioner moved an application under order VI, rule 17 CPC on March 27, 1978 stating that he may be allowed to amend the election petition by making necessary amendments. It was also mentioned that up to that stage notice to the petitioner has not been issued. The learned Munsif by his order dated March 30, 1978 accepted the application under order VI, rule 17, C. P. C. and ordered that since notice has not been sent to the petitioner so far, now notice be issued and the amended election petition be sent with it.

(3.) OTHER three important rules, which deserve mention here, are the Rr. 85, 86 and 86 A. Sub-r. 2 of r. 85 lays down that the Munsif or the Civil Judge, as the case may be, after pronouncing the order made under sub r. , 1) shall send a copy thereof to the Collector for taking further necessary action in pursuance thereof. Rule 86 of the Rules provides for the execution of order as to costs and amongst others lays down that "any order with regard to costs passed by the Munsif or the Civil Judge shall be executed by him on application made in that behalf in the same manner and by the same procedure as if it were a decree for the payment of money made by himself in a suit.