R.K. ROJA versus U.S. RAYUDU AND ANOTHER

R.K. ROJA versus U.S. RAYUDU AND ANOTHER

The trial court must dispose of an application under Order VII Rule 11 CPC before proceeding with the trial. The appellant is entitled to file written statement after rejection of such application. The procedure adopted by the High Court and trial court was not warranted under law.

Parties
Appellant: R.K. Roja; Respondent: U.S. Rayudu; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
04 July 2016
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal disposed of; impugned order set aside
Legal Topics
Rejection of Plaint, Order VII Rule 11 CPC, Election Petition Procedure
Civil Procedure Election Law Rejection of Plaint Order VII Rule 11 CPC Election Petition Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

R.K. Roja

Appellant

U.S. Rayudu

Respondent

Another Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether the trial court can proceed with the trial without disposing of an application filed under Order VII Rule 11 CPC for rejection of the Election Petition
  2. 2 Whether the appellant is entitled to file written statement after disposal of the application under Order VII Rule 11 CPC

Ratio Decidendi

The trial court must dispose of an application under Order VII Rule 11 CPC before proceeding with the trial. The appellant is entitled to file written statement after rejection of such application. The procedure adopted by the High Court and trial court was not warranted under law.

Court Disposition

Appeal disposed of; impugned order set aside

Orders

  • Impugned order set aside
  • Application under Order VII Rule 11 CPC rejected