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1994 (4) TMI 382 - SC - Indian LawsWhether the common judgment passed by the first appellate Court specifically stated that ,it dismissed the plaintiffs suit with respect to one-third of the plot by its order allowing one appeal and dismissed the suit with respect to the other one-third by its order allowing the second appeal? Held that:- The High Court came to two decisions. It came to one decision in respect of the invalidity of the appellants election in Appeal No. 7. It came to another decision in Appeal No. 8 with respect to the justification of the claim of respondent No. 1 to be declared as a duly elected candidate, a decision which had to follow the decision that the election of the appellant was invalid and also the finding that respondent No. 2, as Ghatwal, was not a properly nominated candidate. We are therefore of opinion that so long as the order in the appellant's appeal No. 7 confirming the order setting aside his election on the ground that he was a holder of an office of profit under the Bihar Government and therefore could not have been a properly nominated candidate stands, he cannot question the finding about his holding an office of profit, in the present appeal, which is founded on the contention that finding is incorrect. Thus accept the preliminary objection and dismiss the appeal with costs.
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